2020 Highest 1380 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Special Cases concerning heavy-use places, punishment of sexual crimes, etc.

Violation of the Act (Samera, Use and Screening of Cameras)

A

Yang Dong-dong and Lee In-bok (public trial)

Establishment and use of law firms

[Defendant-Appellant]

June 4, 2020

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours. The defendant shall be subject to the restriction on employment for each five years at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Seized evidence 1 shall be forfeited from the accused.

Criminal facts

【Criminal Records】

On October 4, 2018, the Defendant, at a general military court at the Korea Air Force Headquarters, was sentenced to a suspended sentence of five years on three-year imprisonment for committing a crime against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the sentence becomes final and conclusive on October 12, 2018 and is currently in the grace period.

Criminal facts

On December 27, 2019, the Defendant: (a) around 18:00, at the 18:00 women’s toilet in Jung-gu Seoul, Jung-gu, Seoul; (b) reported that the victim C (at 27 years of age) entered a female toilet; (c) taken a studio of the victim’s melting body; and (d) taken a studio screen using the Defendant’s mobile phone camera under the studs below the studs.

Accordingly, the defendant intrudes on female toilets, which are public use places used by unspecified majority for the purpose of meeting his sexual desire, and photographs the body of the victim who could cause sexual humiliation or shame using mobile phones against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. A report on the analysis of digital evidence;

1. USB of siren response materials;

1. Previous records of judgment: Criminal references, replys to requests made for inquiry as a result of disposition of a case, and the application of statutes governing the judgment;

1. Article applicable to criminal facts;

Articles 12 and 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point where a person intrudes into a multiple-use place to satisfy his/her sexual desire), and the choice of imprisonment, respectively,

1. Aggravation for concurrent crimes;

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

1. Order to complete programs;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Code committed the crime of this case during the period of the suspension of execution of sex crimes as stated in the first head's judgment, which is highly likely to be subject to criticism, and the fact that the victim who tried to work in a neighboring shop where the defendant was aware of the usual sense of view is not sufficient to have taken the form of melting the female toilet to see the change of appearance, and that the victim is claiming for a strict punishment against the defendant.

However, it is somewhat advantageous to the fact that the defendant is fully aware of the crime and does not repeat the crime by reflecting it.

In full view of such circumstances, the age, character and conduct, family relationship, motive and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions as shown in the present arguments and records, the sentence identical to the order shall be determined.

If a conviction on each of the crimes on which personal information is to be registered and a sex offense 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 the competent agency pursuant to

Disclosure Order and Exemption from Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive of the instant crime, method of the crime, seriousness of the consequence and the crime, anticipated side effects and expected side effects of the Defendant’s entrance due to an order of disclosure or notification, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, protection effect of the victim, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, no order of disclosure or notification shall be issued to the

Judges Laos