2015 Highest 527

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

(b) Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

(c) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

1. (a) b. o. o. ○○ (math, 1984), male, and aquaculture;

2.(a)Mo○○ (Woman, Women, 1989), Company Members

Park Jong-hee (prosecution), and a trial in the case of a family court;

Law Firm Maumop (private ships for defendant 1's ○○)

Attorney Hong Jae-soo in charge

June 17, 2015

Defendant ○○○ shall be punished by imprisonment with prison labor for a year and six months, and both of the defendants shall be punished by imprisonment for eight months.

However, with respect to the defendant ○○, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant ○○ for 80 hours to complete a sexual assault treatment program, and 120 hours to Defendant ○○

Each order shall be issued to provide community services and to take lectures for the treatment of sexual assault for 40 hours.

A seized Mameras (No. 1), one external hard disc (No. 2), and one hard disc (No. 1)

No. 3) shall be forfeited from Defendant ○○.

Criminal facts

1. Special Cases concerning the punishment, etc. of sexual crimes (ameras and photographing them);

No person shall take photographs of another person's body, which may cause sexual humiliation or shame, against his/her will, using a camera or other similar mechanism.

A. The sole crime by Defendant ○○

Around 08:04 on August 5, 2013, the Defendant taken pictures of the Defendant’s body parts, such as the sound part of the Defendant’s deadly dynamics Kim ○ (the age of 22), which was set up in the Defendant’s residential bath room in Jeju-do, with the Defendant’s dwelling, without the victim’s consent, and without the Defendant’s consent, taken the physical part of the Defendant’s body part, such as the sound part of Kim ○ (the age of 22), which was the Defendant’s deadly dynamics, which was the Defendant’s living room in Jeju-do from January 17, 2012 to December 1, 2014.

B. The Defendants’ co-principal

The Defendants taken female showers and bath rooms of bathing beaches, sold them to persons whose names are unknown, and conspired to divide profits therefrom, and Defendant 1, 200, notified the Defendant 2 of the method of shooting and others. Defendant 2, 200, 200, 200, 2000, 2000, 2000, 2000, 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Thus, from August 8, 2013 to September 18, 2013, from around 16:06 to around 16:41 of the same day, Defendant ○○, in collusion with the Defendants, taken the body parts, such as the chest, flus, and flus, of a woman who was unable to know the name that Defendant ○○○ was making a shower at the shower site of the Aban Women’s Bathing Women’s Bathing Complex, with the wall attached to Defendant ○○○, in which it is difficult to find out the name that Defendant’s ○○ was making a shower at that place, and the body parts, such as the chest, flus, and flus, of a woman who was sexually damaged, as shown in attached Table 5-2, from August 2, 2013 to September 18, 2013.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (carmers and photographs), and the Act on the Promotion of Utilization of Information and Communications Network and the Protection, etc. of Information;

No one shall distribute, sell, lease, or openly exhibit or screen photographs taken against another person's body, which may cause sexual humiliation or shame, by using a camera or similar mechanism, or distribute, sell, lease, or openly exhibit any obscene codes, words, sound, image, or motion picture via an information and communications network.

Nevertheless, at around 21:53 on September 24, 2014, Defendant 1 posted a photograph file on the X Internet bulletin board, which can be seen as a specific number of people, after specifying the scope to show the sound of women who have suffered damage by the same method as that of the above paragraph (1) at the Defendant’s home page in Jeju Island, which was located in Jeju Island, with the same method as that of the above paragraph (1), and then up to November 27, 2013, Defendant 1 exposed to the aforementioned online bulletin board by means of the aforementioned method, such as “B” bulletin board, where 93 members may see as shown in the list 1 of crimes, and a member 80 members, such as written in the list 3-1 list of crimes, were exposed to each of the "C" bulletin board, which is open to the public display of a photograph or photograph of another person’s body at the time of display, and made public display of each person’s body or photograph of another person.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "carmera") and the Act against the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of child or juvenile pornography);

No one shall distribute, sell, lease, openly exhibit or screen any photographic material taken by any third person against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame, and distribute, sell, lease, or openly exhibit or screen any child or juvenile pornography.

Nevertheless, at around June 21, 2014, Defendant 1 presented a notice on the “C” bulletin board, where approximately 80 members can be seen, after printing out a photograph by specifying the scope to which female students can have a sound image on the side of the six-year old female students, taken at the ○○ Park Outdoor Women's toilet located in the Jeju-Eup in the city, in the same manner as Paragraph 2, at the Defendant's dwelling located in the month of Jeju.

As a result, the Defendant openly displayed photographs taken against his/her will against the victim’s body, which may cause a sense of sexual humiliation, and at the same time openly displayed children and juvenile pornography.

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

No person shall distribute, sell, lease, or openly exhibit or screen photographs taken by any third person against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or shame.

Nevertheless, around February 4, 2014, at the residence located in Jeju Island, Defendant ○○, without the permission of the victimized women in accordance with paragraph (1), displayed a photograph by specifying the scope of the recording, such as panty, and then posting it on the “C” bulletin board, where approximately 80 members can be seen (i.e., taking a single name) members, and then openly displayed the body of the victims who may cause sexual humiliation over 12 times in total on the “C” bulletin board from February 4, 2014 to June 17 of the same year, as shown in attached Table 3-2, from February 4, 2014.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant ○○○: Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a) (the act of photographing a camera, etc. using a camera, etc., No. 6 No. 1 to 32), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 30 of the Criminal Act (only Article 30(b) of the Criminal Act shall be limited to Article 74(1)2 and Article 44-7(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on Special Cases Concerning the Promotion of Information and Communications Network Utilization and Information Protection, Etc. of Specific Crimes (a)

B. Defendant ○○○: Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 30 of the Criminal Act

1. Commercial competition;

Defendant ○○○: Articles 40 and 50 of the Criminal Act [The crime of violation of the Special Cases Concerning the Punishment, etc. of Sexual Crimes listed in paragraph (2) at the market, the Violation of the Act on Special Cases Concerning the Promotion of Utilization of Information and Communications Network and the Protection, etc. of Information (obscenity oil)], the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes listed in paragraph (3) of the holding, and the crime of violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (production, distribution, etc. of

1. Selection of punishment;

Defendants: Imprisonment Decision

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

Defendant ○○: Article 62(1) of the Criminal Act

1. Social service order;

Defendant ○○: Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Order to complete programs and attend lectures;

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

1. Confiscation;

Defendant ○○: Article 48(1)1 of the Criminal Act

Reasons for sentencing

In consideration of the following circumstances, punishment shall be determined as ordered:

The favorable circumstances for ○: The facts of crime are recognized and reflected, and the defendant ○○ on June 8, 2007 violent acts.

Criminal punishment other than the sentence of a fine of one million won for a violation of the above Punishment Act (joint injury);

○○○○ is an initial offender, and there is no power to do so, and both the Defendant and the first offender.

○ Unfavorable Conditions: The Defendants’ shower, bath, and bath for bathing beaches used by many and unspecified persons.

In order to make a mermeras in a sugar (the defendant ○○ is also installed in public toilets, such as the heading and park, etc.

In many times, a woman's negative body, etc. is likely to cause sexual health.

Defendant 1, ○○, further, had a number of members to take a photograph of the above photographic photo.

Notice was made several times on the Internet Kafbook (in particular, most victims).

Act on the Acceptance of Crimes, i.e., full exposure of or entry into the face and identification of the cap;

The place of shooting, physical injury of the victims, the number of victims, the duration of the crime, the frequency of the crime, etc.

It is not very good that the crime is committed, and it is virtually recovered from many unspecified female victims.

It causes difficult damage

○ Other: The age, character and conduct, environment, circumstances before and after the commission of the crime, etc.

Obligation to Submit Personal Information

When this judgment becomes final and conclusive, the Defendants are subject to registration of personal information prescribed in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and are obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the above Act.

Disclosure Order or Notice Order

In full view of the Defendants’ age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of consequence and crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendants’ entry, the prevention effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protection of victims, etc., the Defendants shall not be ordered to disclose or notify personal information pursuant to 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. Thus, the Defendants shall not be ordered to issue an disclosure or notification order.

Freeboard Kim