2019 Highest 3087 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Coloring)

A

He/she shall file a prosecution, Kim Jong-Un (Trial)

Attorney White-chul

November 7, 2019

A defendant shall be punished by imprisonment for six 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 take a lecture for sexual assault treatment for 40 hours.

Criminal facts

The defendant is a person who was a victim B (n, 19 years of age) and a person who was a related person.

1. From May 20, 2018 to May 21, 2018, the Defendant taken the victim’s image, i.e., the victim, who was in possession of the body with the body attached to the Defendant, from the dwelling of the Defendant, located in Seo-gu Daejeon Daejeon Building C, Daejeon, by taking advantage of the cell phone camera function, and was in possession of the body attached to the Defendant.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. From May 23, 2018 to May 24, 2018, the Defendant, at the residence of the Defendant as indicated in paragraph (1) above, worked the Kamera function of his cell phone and installed it on the shower box of the toilet located in the scambling part of the cell phone, and taken the image of sexual intercourse with the Defendant, who was off his clothes from the bed, into the victim’s scam pictures.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Photographss, fingers, photographs of card use records inside the suspect's residence, and investigation reports (to hear statements of victims);

Application of Statutes

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

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); Selection of each imprisonment penalty

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. Order to attend lectures;

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

Reasons for sentencing

The crime of this case is committed in a relationship with the victim by taking into account the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, various sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime, conditions of recommendation according to the sentencing guidelines of the Supreme Court and the sentencing guidelines of the Sentencing Committee shall be determined in full view of the following factors: (a) the defendant did not receive a letter of use from the victim; and (b) the defendant did not receive a letter of use; and (c) the defendant did not have any criminal power before the crime of this case; and (d) the punishment of this case shall be determined as ordered.

Registration and submission of personal information

Where a conviction of each crime subject to registration becomes final and conclusive with respect to each crime subject to registration, 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 competent agency

Orders to disclose and notify personal information, and exemption from employment restrictions orders;

In full view of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of crime, seriousness of consequence and crime, disclosure order, notification order, anticipated side effects and the preventive effect of the sexual crime subject to registration that may be achieved therefrom, etc., the Defendant’s personal information should not be announced or disclosed under the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); proviso to Article 56(1) of the Act on Welfare of Persons with Disabilities (Amended by Act No. 15452, Nov. 15, 2018>

Judges Tae Young-young