2019 Highest 1645 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

(Entry into Public Place for Gender Purpose)

A

Freeboard (prosecution), Lee Young-young (Public trial)

July 17, 2019

A defendant shall be punished by imprisonment for four months.

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

The defendant shall be ordered to provide community service for 80 hours and attend lectures for the prevention of recidivism of sexual assault for 80 hours.

Seized SDR cards (No. 1) shall be confiscated.

The defendant shall be subject to employment restrictions for three years at institutions, etc. related to children and juveniles and welfare facilities for persons with disabilities.

Criminal History Office

1. Around 12:00 on January 30, 2019, the Defendant intruded into a female toilet of 34 stories in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and tried to photograph the body of the women who use the said toilet by installing a camera in the vicinity of the change of the entrance, but did not serve as a result of discovery by other employees.

2. On January 2019, the Defendant intruded into the third floor public toilets located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and tried to photograph the body of a woman using the said toilets by installing a camera in the vicinity of the changeer, but did not lead to the lack of a person using the said toilets.

As a result, the Defendant intruded on a female toilet for the purpose of satisfaction of his sexual desire twice, and attempted to photograph the body of a person who may cause sexual humiliation or shame by using a camera, against his will, but failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on internal investigation (related to on-site verification of an additional stamp case);

1. Existing existence of seized SDR cards (No. 1);

Application of Statutes

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the choice of a sentence against the crime are prescribed in Articles 15 and 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment;

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and Article 50 of the Criminal Act, among concurrent crimes with punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Crimes of Use and Screening of Camera, etc.) from January 30, 2019]

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Orders to provide community service and attend lectures;

Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. An employment restriction order;

The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Law No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities

Reasons for sentencing

Punishment shall be determined by comprehensively taking into account the following conditions of sentencing, such as the age, character and conduct, environment, motive and means of the crime, and the circumstances after the crime:

○ favorable circumstances: The fact that the defendant recognized the crime and reflects it, that the crime related to shooting is committed against the attempted crime, that there is no record of criminal punishment, and that C's employees want to take the defendant's prior action.

○ Unfavorable circumstances: If a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information of poor quality as a case in which a female toilet is installed, 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 obliged to submit basic personal information to the head of the relevant agency pursuant to Article 43

Disclosure Order and Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., it is determined that there are special circumstances where the disclosure or notification of personal information should 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Judges Park Jong-dae

1) According to the Rules on Special Cases Concerning the Punishment, etc. of Sexual Crimes [Attachment 5], which is the rules of the Supreme Prosecutors' Office, the indictment and the list of crimes to be entered in the non-prosecution book. 4. The right case name appears to be "influence of places for sexual purpose" in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of places for sexual purpose): Provided, That where the case first attached to the case is used until the subordinate country, and it is obvious that there is error, the case name can be corrected with the permission of the presiding judge until the subordinate country of the first instance (Article 19(3) of the Rules on the Handling of Court Trial Affairs), and where the case name is not corrected with the permission of the presiding judge until the subordinate country

2) According to Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 15 of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes does not indicate "Attempted Crimes following the name of the relevant existing crimes, where Article 15 of the same Act applies."