2015 Highest 1016 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Gamgraphing

A (69 years, inn), Syman

Yellowju (Lawsuits) and Kim Jong-Un (Trial)

Attorney Lee Han-han, Park Jong-won, and a public-service advocate

August 13, 2015

Defendant shall be punished by a fine of 3,00,000 won.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

The defendant shall order the completion of the sexual assault treatment program for 8 hours.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Facts of crime

On January 25, 2015, the Defendant, at around 00: A mobile phone using a crepan in which the Defendant was off and down, in order to take a b (n, 59 years old) satis in a satisf or satch in Ulsan-gu ○○○○○, Ulsan-gu, Ulsan-do, and the head of the Sinsan-do.

The body of another person, which may cause a sense of shame, was taken against his will by photographing and photographing the image of the victim.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete a program;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

Since the body of a victim who may cause a sense of sexual humiliation was taken against the victim's will, the nature of the crime is not good, and the fact that the agreement with the victim is not reached is unfavorable to the defendant. However, there are grounds to consider the circumstances of the crime, such as the confession and reflect of the defendant, the fact that the defendant appears to have taken pictures and photographs for the purpose of using them in civil procedure, and the fact that there are no records of the crime in the same kind, etc., the punishment shall be determined as ordered in consideration of various sentencing factors indicated in the records, such as the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, and circumstances after the crime.

Registration of Personal Information

If a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive, the defendant is the winner of personal information registered in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to related agencies pursuant to Article 43 of the same Act.

Disclosure Order or Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, health condition, the type, motive, process, seriousness of a crime, result, and gravity of an order of disclosure or notification, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the prevention and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victimized person, etc., the Defendant shall not be ordered to disclose or notify personal information. Thus, an order of disclosure or notification shall not be issued to the Defendant.

Judges Lee Gyeong-won