2019 Highest 4601 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Coloring)

A

Kim Jong-Un (Court of Prosecution), Bagwon (Court of Second Instance)

Law Firm Oun, Attorney Lee In-bok

April 22, 2020

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Seized evidence 2 shall be confiscated.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal History Office

From the end of 2017, the Defendant maintained internal ties with the victim B (the age of 34) from the end of 2019.

1. The Defendant, in the middle of 2018, taken the body of another person against his will, using the Defendant’s cell phone camera function, taken the body of another person, who might cause sexual humiliation or sense of shame, at the main sports center of the victim’s operation in C, who was out of his/her river, and was in his/her possession of his/her body, using the camera or other similar devices.

2. The Defendant taken pictures of the body of a victim, who was off the body of the victim, at the mutual influorial telecom, which is located in the Bluorri-si, Blue-si, Blue-si, 2018, using the mobile phone camera function of the Defendant, against his/her will, taken pictures of the body of another person, who may cause sexual humiliation or sense of shame, using the camera or other similar devices.

3. On April 19, 2019, the Defendant sent the victim’s body pictures to D, who is the victim’s will, using mobile phone E, and sent the victim’s body pictures against the victim’s will, as described in the above 1 and 2, and provided the victim’s body photographs using camera or other devices equipped with similar functions, which could cause sexual humiliation or shame, against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. A complaint;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201); Article 14(2)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48 (1) 1 of the Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Registration and submission of personal information;

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article

Disclosure Order, Notice Order, and Employment Restriction Order

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, disclosure and notification order and employment restriction order, anticipated side effects and expected side effects to be achieved by the order, prevention and effect of sexual crimes subject to registration that may be achieved thereby, protection effect of the victim, etc., it is determined that there are special circumstances where the Defendant shall not disclose or notify personal information or place employment restriction. Thus, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

Reasons for sentencing

The crime of this case is deemed to have taken photographs of the victim's body without the consent of the victim and transmitted them to a third party, and the nature of the crime is not good. However, the punishment as ordered shall be determined in consideration of various kinds of conditions, such as the defendant's wrong recognition, the agreement with the victim, the primary offender, the defendant's age, character and conduct, environment, family relationship, motive and result of the crime.

Deferment of Justice

1) “Provision” under Article 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes refers to an act of free delivery that does not reach a “distribution”, and an act of free delivery to a certain number of persons or small number of persons without an intention to distribute them constitutes “Provision.” In light of the relationship between the person who received the video from the defendant and the defendant, etc., it is difficult to view that the defendant’s delivery of the video as above constitutes “distribution.”