2019 Highest6062 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

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

(Infilating places for public use for sexual purposes)

A

Paryaryary(prosecutions) and the highest court

Attorney Full-Name

April 7, 2020

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

An order the accused to take a lecture for sexual assault treatment for 40 hours.

Seized evidence No. 1 shall be confiscated.

Criminal facts

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. A. Around May 2018, the Defendant taken a gallon of female toilets located in Geumcheon-gu Seoul Metropolitan Government with a cellular phone, in which female victims who cannot know their names by using a cellular phone in gallon which was filled with a gallon function.

B. At the end of May, 2019, the Defendant taken the image of a female victim who could not know the name in the same manner at the same place.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

On July 2, 2019, around 15:50 on July 2, 2019, the Defendant entered in the 3th female toilets of Geumcheon-gu Seoul Metropolitan Government building D, Geumcheon-gu in order for women to hear the sound that sees melts, and then the victim E (a person, a person, 32 years of age) followed the sound.

Accordingly, the defendant invadeds on women's toilets, which are public use places used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Records of seizure and the list of seizures1);

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(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”); Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a) (a) (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 12 of the

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

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 Criminal Act

Reasons for sentencing

○ favorable circumstances: The fact that the crime is recognized and reflected, the fact that it is expected to receive mental therapy and not to repeat the crime, and that there is no record of criminal punishment, etc.

○ Unfavorable Circumstances: The defendant was not prosecuted but appears to have considerable period and frequency of his/her criminal act, and he/she did not receive a letter from the victims, etc.

○ Other circumstances, such as the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, etc., and the sentencing conditions appearing in the records and arguments, including the circumstances after the crime, shall be determined as the sentence as ordered.

Registration and submission of personal information

A judgment of conviction on a sex offense subject to registration becomes final and conclusive, and 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 head of a related agency pursuant to

Disclosure Order, Notice Order, and Employment Restriction Order

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, disclosure order, notification order or employment restriction order of this case, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention of the sex offense that may be achieved therefrom, and the protection effect of the victims, etc., it is determined that there are special circumstances that may not disclose or notify personal information or restrict employment with children and juveniles-related institutions, etc., and welfare facilities for disabled persons, etc., pursuant to the proviso to 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), the proviso to Article 59-3(1) of the Act on Welfare of Children and Juveniles against Sexual Abuse, and the proviso to Article 59

Awards and decorations by judges

1) The Defendant made a confession to the effect that he/she had taken the image of the victims by using a mobile phone in which Kameras was located, and that the protocol of seizure from the Defendant that seized a mobile phone in which Kameras was contained, would constitute reinforced evidence against the confession of the Defendant (see, e.g., Supreme Court Decisions 2017Do14372, Nov. 9, 2017; 2017Do103, Aug. 23, 2017).