(영문) 서울북부지방법원 2013.10.25.선고 2013고단1183 판결

Where the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into the days.

In order to order the provisional payment of an amount equivalent to the above fine.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Criminal History Office

Around November 2010, the Defendant took photographs of a woman’s body suffering from a short flag using nitroon D900 camera at the meeting site in Gangnam-gu Seoul, Gangnam-gu, Seoul, against his will, and posted such photographs on the specialized site of blag photograph sharing, from that time until July 2011, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, using the above camera over 57 times in total, as shown in the list of crimes, and displayed them on the above site for public display.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to photographic materials taken by the suspect on the website;

1. Article applicable to criminal facts;

Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) (Appointment of fines)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

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

Where a conviction of a defendant against a sex crime subject to the registration of personal information becomes final and conclusive, 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 is obligated to submit personal information to the relevant agency pursuant to Article 43

Disclosure Order or Exemption from Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

While there are many occasions of sentencing reasons, considering the victim's clothes pictures, degree of exposure, exposed image, etc., it seems that the degree of sexual humiliation or sense of shame is not severe, the recognition of the crime of this case and the circumstances leading to the crime of this case, etc., the punishment shall be determined as ordered, in consideration of all the circumstances, such as the fact that the crime of this case is recognized, and the circumstances leading to the crime of this case.