2019 Highest 3634 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

(Infilating places for public use for sexual purposes)

A

Cho Young-ju (Public Prosecution), Yang Sung-tae (Public Trial)

Law Firm Masan-ro

Attorney Im Jong-tae, Counsel for the defendant

May 13, 2020

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to receive probation, provide community service for 80 hours and take lectures in sexual assault treatment for 40 hours.

An employment restriction shall be ordered to a child or juvenile-related institution, etc. for five years.

Seized evidence referred to in subparagraphs 1, 2 and 7 shall be confiscated.

Criminal History Office

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras and photographing) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an entry into a place for sexual purpose

A. On December 12, 2018, at around 08:30 on December 12, 2018, the Defendant intruded “C” company’s female toilets located in Gangnam-gu Seoul, for the purpose of installing a camera for illegal photographing, and installed a studio-specific camera in the above toilets, and taken a screen image of the Defendant’s cell phone screened the victim D (n, 31 years of age), the victim E (n, 31 years of age), and the victim E (n, 31 years of age) with a view to using the Defendant’s cell phone. Accordingly, the Defendant taken the body of the victims who may cause sexual humiliation or humiliation against their will.

B. On January 1, 2019, around 18, the Defendant intruded into the female toilets of the “C” company’s “A” for the purpose of reinstallationing a camera for illegal photographing, and then re-established the camera at a place where the sexual part of the sexual body of the people who are viewed as melted can well see it, and taken a screen image on the part of the victim D (the age of 31), the victim E (n, the age of 31), the victim E (n, the age of 31) who is working with the Defendant’s cell phone by remotely implementing the camera with the Defendant’s cell phone, and taken the body of the victims who might cause sexual humiliation or humiliation against their will. Accordingly, the Defendant taken the body of the victims against their will.

C. Around January 24, 2019, the Defendant intruded into the female toilets of the “C” company in order to install a camera for illegal photographing, and installed a camera in the front side of the studios of female toilets, and taken a screen image of the body of the victims D(W, 31 years old, 31 years old, 31 years old) and the victim E(n, 31 years old) using the Defendant’s cell phone by remotely implementing the camera. Accordingly, the Defendant taken the body of the victims who might cause sexual humiliation or humiliation against their will.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

In order to determine whether the location of the camera before attaching the camera to the part of the company's women's toilets for illegal shooting, as described in paragraph (1) above, is visible to the people who look at the c'C' company's female toilets around February 2, 2019, the defendant invadedd the above company's female toilets, and attached the part of the c's cameras that are not connected to the body below the c's body.

Accordingly, the defendant invadeds on female toilets used by unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The actual condition survey report;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of a camera and others, the choice of imprisonment with prison labor) and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of intrusion on places of public use for sexual purposes and

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation, order to provide community service or attend lectures;

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

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

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Reasons for sentencing

On August 30, 2018, the Defendant: (a) obtained a prior notice of suspension of indictment on the condition of the completion of the crime of the same kind on August 30, 2018; (b) in purchasing a small camera for the purpose of illegal shooting, and then taken bucks, spucks, and sprinks, etc. of female employees who are considered to be melted for the purpose of illegal shooting; (c) the Defendant, by specifying the subject of shooting, viewed the victims’ moving to the toilet in real time, by reporting the images showing melting the change of the cell phone, and storing and reproducing them again; (d) the Defendant repeated the sprink by charging the distribution of the small camera; and (e) attempted to destroy the main body of the Kamer or by destroying the evidence by initial means of destroying the cell phone after the occurrence of the crime of the instant case; and (e) installed the sprinking method of installing the sprink by using the spice dryke in light of the method of crime.

○ favorable circumstances: The fact that the defendant recognizes the crime and reflects it, the victims are not punished, and there is no record of crime except the disposition of suspension of indictment.

○ As above, the Defendant’s punishment as ordered is determined by comprehensively taking account of the following circumstances: Defendant’s age, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing conditions indicated in the present arguments and records.

Registration and submission of personal information;

Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive, the defendant is subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Disclosure Order and Exemption from Notice Order

In full view of the Defendant’s 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 to be achieved therefrom, prevention effect of sexual crimes subject to registration, protection effect of the victim, etc., the Defendant shall not issue an order to disclose or notify personal information to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Judges Lee Jae-soo