2017 Highest 5281 Meritoriouss, Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing)

○ ○, Happa

Park Jung-Jin (prosecution) and public trial;

Attorney Choi Jin-chul

January 30, 2018

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Disclosure information on the accused shall be disclosed through an information and communications network for five years, and the notified information shall be notified during the aforesaid period.

Criminal facts

1. Crimes against the victim single-victim;

A. On June 2015, the Defendant: (a) expressed an intent to photograph the victim’s only ○○ (n, 37 years of age) (n, 37 years of age) and sexual intercourse with a small camera, which was known to the police officer at △△△△△△△ on the Special Act on the Punishment of Sexual Crimes (hereinafter “Special Act on the Punishment of Sexual Crimes”).

Since then, the Defendant installed a small camera with a video recording function in front of the bed, using the cresh in which the victim was off his clothes, and taken a face of a sexual relationship with the victim on the bed.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

(b) Attempted crimes;

On June 6, 2015, the Defendant, at the apartment parking lot* Apartmentman*, shown as if a third party, a letter of intimidation, i.e., sexually related dynamics taken by the Defendant against the victim, such as the above paragraph (a), and a place of work, “to return the original of screen pictures of KRW 50 million in cash so as not to be known to his family because of being fine,” and attempted to receive KRW 50 million from the victim’s sexually related dynamics, if not sent to a third party, by threatening the victim’s sexually related dynamics, as if they would be spreading to the family of the victim’s family. However, the victim did not report to the police or to the husband, who did not deliver cash, as if they were de facto defective, but did not bring about an attempted crime.

2. Crimes against the victim Kim ○○;

가. 성폭력범죄의처벌에관한특례법위반(카메라등이용촬영)피고인은 2017. 6.경부터 7.경까지 사이에 ▲▲ 모텔에서, 골프동호회에서 만나서 알게 된 피해자 김○○(여, 55세)와 성관계하는 장면을 카메라로 몰래 촬영하기로 마음먹었다.

Since then, the defendant suggested that the victim's sexual relation was defective by entering the telecom, and then installed a camera-type camera in front of the telecom with the victim's crepit, and taken a face of sexual intercourse with the victim above.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

(b) Attempted crimes;

At around 21:30 on September 11, 2017, the Defendant: (a) expressed a threat letter to the effect that “I would make it possible for the Defendant to return the original image of the same kind of video taken by the Defendant to us, with cash 200 million; (b) male and female members would make it more than 100 million; (c) male and female members would be frightened, but the two employees are good; (d) they will send the image of this type of dial-a-a-art to knick, her husband, and they will make it possible for the Defendant to create a well-known list of persons nationwide by sending it to the Internet and oil tubes, etc.; and (d) if you do not send it to 100 million won upon the Defendant’s request by a third party, they would threaten the family members of the victim’s sexual relationship with the police, and did not report it to the victim’s attempted delivery of it to 100 million won.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement against Kim ○○ and Han ○○○, a police officer’s statement 1. An investigation report (Attachment of a photo of a sexual relation), a photo, a criminal investigation report (Attachment of a copy of a threats), a copy of an investigation report (Attachment of a photo of a text message), an investigation report (Attachment of a text message), a text message photograph, a criminal investigation report (a confirmation of sexual intercourses submitted to Kim ○○

Application of Statutes

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

Articles 14(1) (a) and 352, and 350(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 14(1) (a) and 352, and 350(1) (a) of the Criminal Act; 1. Compacting concurrent crimes; the former part of Article 37, Articles 38(1)2, and 50(1) of the Criminal Act among concurrent offenders; Articles 16(2)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to Disclosure and Notice of Information; Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse; Articles 49(1) and 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

Reasons for sentencing

All of the crimes of this case committed by the defendant, and against the wrongness of the defendant, agreed with the victim ○○, and the fact that the crime of attack was committed in the attempted crime is favorable to the defendant.

However, this case was intended to take the sex-related head of the sexual intercourse in a cruel manner and take the money and valuables of the amount of money and valuables using a tool, and the nature of the crime is not very good. The defendant has sexual assault and attacked against the female, and the previous crimes also did not agree with the victim Kim ○, etc. It was similar to the applicable law, such as taking the sexual intercourse against the female by force, and the defendant did not agree with the victim Kim ○, and the punishment is determined like the order, taking into account all the conditions of sentencing as shown in the records and arguments of this case, such as the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime.

Judges Ounok-ok