2020 Highest 2107 Violation of the Special Act on the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Coloring)

The largest defendant, 87-years, South, and golf instructors;

Residential Ulsan

Reference domicile

Kim Tae-tae (prosecution) and Park Jong-young (Public trial)

Attorney Kim Kim (Korean National University)

October 15, 2020

A defendant shall be punished by imprisonment for not less than one year and six months.

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

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for disabled persons for five years.

The seized Aphone X 1 (No. 1) and the electronic information stored in AphoneX (No. 2) shall be confiscated.

Criminal History Office

1. Crimes committed on May 2019;

On May 2019, the Defendant, using the Defendant’s smartphone, sent shower at the toilet where the Defendant had a camera function in the telecom, and taken the victim’s image and photographed in the nameless female victim’s body condition and physical condition four times in the middle of the victim, and transmitted the photograph from around 16:54 to 17:47 of the same month without the Defendant’s consent to the victim’s Kakao Kakao Kao Kao Ma, in which two persons, the Defendant’s seat, such as the Defendant’s relative ○○, etc., participated.

2. Crimes committed on October 2019;

On October 2019, the Defendant taken the image of a female victim in the name unexploited by using smartphones as described in paragraph (1) from a mutually unexploited telephones, and transmitted the pictures to the Kakakao Kakao Kao 20, in which three of the Defendant’s seat, such as the above ○○○, etc., participated, on one occasion after the victim’s death. On October 26, 2019, the Defendant sent the pictures without permission of the victim.

3. Crimes committed on November 2019;

On November 1, 2019, the Defendant taken the image of a female victim on the name in which the Defendant’s sexual organ is exposed to 9 seconds by using smartphones as stated in paragraph (1) at the telephones with the Defendant’s physical condition. On the 13th day of the same month, around 04:09, the Defendant sent the pictures to the Kakao Kakao Kao Kao Kao Kao Kao Ma which was part of the Defendant’s seat, such as the above ○○○, without the consent of the victim.

4. Crimes on December 28, 2019;

Around 01:40 on December 28, 2019, the Defendant: (a) taken a sexual intercourse with the victim AO (n, 32 years old) that the Defendant came to know at a golf instructor’s golf course; (b) taken the back 15 seconds of the victim’s sexual intercourse with the Defendant using a smartphone as specified in paragraph (1) on the part of the victim; and (c) transmitted the pictures to the Defendant-friendly ○○○○○○○○ through the Defendant’s Kakakao Kakaoxa on the same day without the consent of the victim. Accordingly, the Defendant taken the body of the victims who might cause sexual humiliation or shame, using a device with similar function, and provided the victim with the pictures so taken.

Summary of Evidence

1. Defendant's legal statement;

1. AO and statement by the police station at each 00 police station;

1. The details of each Kakao Stockholm conversation, caps, photographs, and video images;

1. A report on the analysis of digital evidence;

1. Records of seizure and the list of seizure;

Application of Statutes

1. Article applicable to criminal facts;

Article 14(1) and (2)1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Law No. 15977)

Each Imprisonment Selection

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 Act is that the defendant is able to see his/her sexual intercourse images, etc. with victimized women by photographing them at the Kakakao Office and posting them on the Kakao Office, and the character of the crime is very poor. It is judged that the distorted perception of the defendant, especially women, is serious. Among the victims, some of the victims considered the defendant's mental suffering due to the crime of this case and the leakage of photographs to another place, and thus, they want to have a strict punishment against the defendant. It is inevitable to sentence the defendant. In full view of all the sentencing conditions including the circumstances leading to each crime of this case, the degree of exposure to each photograph, the age of the defendant, the environment, and the circumstances after the crime, etc., the punishment period against the defendant shall be determined as per the order of the defendant.

Where a 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 the competent agency pursuant to Article 43 of the same Act.

Exemption from Information Disclosure Order or Notice Order

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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not issue an disclosure order or notification order to the accused, comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, the degree of disadvantage the accused is affected by the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

Judges electrical interest