2017 Highest971 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

○○ (90 years old), Company Members

Clerks (prosecutions) and Happiness (public trial)

Law Firm Songcheon, Attorney Haok-soo

December 14, 2017

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Seized evidence 2 or 3 shall be confiscated from the accused.

Criminal facts

The defendant is a person who is aware of the victim (the age of 20) and online game.

1. Points on shooting;

From December 1, 2016 to February 2, 2016, the Defendant installed his cell phone on a book below his own residence, and taken a fluorial relation where the body of himself and the victim was revealed by using the video-recording function of the aforementioned cell phone.

2. Points of guns;

On December 12, 2016, around 09:30 on December 12, 2016, the Defendant openly displayed a sexual relation page taken against the victim’s will in the Kakakao Stockholm case using the ciopia in the aforementioned place.

As a result, the defendant taken and displayed sexually related parts against the victim's will that could cause sexual humiliation or shame by using the mobile phone image photographing function.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police against Kim○-○;

1. Police seizure records;

1. As a result of the analysis of digital evidence, a report, a Kakakao Kakaothotho photograph, each CD, field photograph, and investigation report (Evidence List 17);

Application of Statutes

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

Article 14(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 37 (1)2 and 50-1 of the Criminal Act among concurrent offenders; Article 62(1)1 of the Act on the Suspension of Execution; Article 62-2 of the Criminal Act; Article 16(2)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

Personal Information to be registered and submitted

Where a conviction of a defendant against a crime in the judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43

Exemption from Information Disclosure Order or Notice Order

In light of the Defendant’s age and occupation, history of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the prevention of sexual crimes subject to registration that may be achieved thereby, and the effect of the protection of the victim, etc., it is determined that there are special circumstances that the disclosure or notification of personal information shall not be disclosed or notified. Thus, an order to disclose or notify 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)

Reasons for sentencing

The fact that there is no criminal punishment power, that has been agreed with the victim, and that the depth has been divided is favorable to the defendant. However, it is highly likely to criticize the victim's school, name, age, telephone number, etc. as well as the photograph taken by the victim's sexual intercourse, and also disclosed to the detailed personal information such as the victim's school, name, age, telephone number.

In addition to this point, in consideration of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and result of the crime, and the circumstances after the crime, the sentence like the order shall be determined.

Judges Ansan-heer