2019 Highest 353 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.)

(Recording)

A

Periodical (prosecutions) and a trial;

Attorney Park Im-soo (National Assembly)

June 12, 2019

Defendant shall be punished by a fine of KRW 2,000,000.

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.

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

Criminal facts

On July 19, 2018, the Defendant discovered that the victim D (one person, two years of age, and 21 years of age) suffered from scams in front of the c community service center located in Boan-gu, Sinan-gu, Manan-gu, Sinan-si, Sinan-si, Sinan-si, the Defendant taken the victim's scam scams by using the cell phone camera function.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Each report on internal investigation (the sequence 3, 4) and photographs attached thereto;

1. A report on the results of analysis of digital evidence;

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); Selection of fines

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. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The following circumstances and the defendant's age, character and conduct, growth process, environment, motive, means and result of the crime, various sentencing factors specified in the records and arguments of this case, such as the circumstances after the crime, shall be determined as the order.

○ Unfavorable Circumstances: The instant crime was committed by the Defendant’s taking the body of an unspecified female, and the nature of the crime is not somewhat weak in light of the Criminal Procedure Act, etc. In light of the crime’s method, the instant crime appears to have been committed. The lower victim appears to have suffered considerable sexual humiliation and mental impulse. The Defendant had the record of being suspended from indictment on or around September 2015, subject to the condition of completion of education for the same crime.

The favorable circumstances of ○: The defendant seems to have an attitude to recognize and reflect his mistake. The defendant paid 4 million won to the victim and agreed with the victim. There is no record of criminal punishment for the same crime.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused 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 relevant agencies

Disclosure Order and Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances that may not disclose or notify personal information, and thus, no disclosure order and notification order shall be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection

Exemption from Employment Restriction Orders

In light of the Defendant’s age, occupation, existence of history of sex offense, details and motive of the offense, method of committing the offense, seriousness of the offense, etc., it is determined that there are special circumstances where the risk of re-offending is significantly low or employment is not restricted. Thus, an employment restriction order is not issued to the Defendant pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Judges Han-ok