2019 Highest 360 Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.)

(Recording)

A

Dole (prosecution) and Kim fixed-time (trial)

Attorney Nam-jin

February 18, 2020

The sentence of sentence against the defendant shall be suspended.

Criminal facts

At around 23:00 on December 14, 2017, the Defendant taken up the body of the victim D, where part of bucks and bucks were revealed, using the mobile phone camera function of the Defendant in the G guest room located in Yangyang-gun B, with the cellular phone function of the Defendant.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A complaint;

Application of Statutes

1. Article applicable to criminal facts;

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) (the point of taking pictures using a camera, etc.)

1. Selection of punishment;

Selection of Fines

1. The type to be suspended;

Fines 1,000,000

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

1. Suspension of sentence;

Article 59(1) of the Criminal Act (Consideration, such as witness of misconduct of the victim who is the spouse and causing the crime of this case, absence of previous record of the crime, and absence of previous record of the fine)

1. Exemption from orders to complete programs;

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

Registration of Personal Information

If a conviction becomes final and conclusive on each crime in the judgment, 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 thus is obligated to submit personal information to the competent agency pursuant to Article 43

However, if a defendant is deemed acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving a suspended sentence pursuant to Article 45-2 (1) of the same Act, he/she shall be exempted from the obligation to submit personal information.

Disclosure and Notification Orders and Exemption from Employment Restriction Orders

Comprehensively taking into account the Defendant’s age, type and content of the crime, the process of the crime, the records of the crime, other social benefits expected by the public disclosure and notification order, the effect of the prevention of sexual crimes, the disadvantage and anticipated side effects of the Defendant, etc., the Defendant’s personal information shall not be disclosed or notified, or the Defendant’s employment restriction order shall not be ordered to a child or juvenile-related institution, etc. and welfare facilities for the disabled. Thus, the Defendant shall not be ordered to disclose or notify the

Judges Nam-soo