2019 Highest 2620 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Catra, etc.) 1

A

Yellow Seas (prosecutions, public trials)

August 28, 2019

The defendant shall be innocent.

1. Summary of the facts charged

On June 3, 2019, at around 04:40, the Defendant sought to take the body of the victim, who could cause a sense of sexual humiliation and raise the accelerator three times in the direction of D where the victim C (the age of 29) resides through windows, after putting the cell phone with the video function in the OOOtel B located in Busan, Busan, Busan, the Defendant tried to take the body of the victim, who could cause a sense of sexual shame. However, the Defendant attempted to take the cryp of the cryp of the cryp that the cryp that became the window.

Accordingly, the defendant tried to photograph the body of the victim who could cause a sense of sexual shame against the victim's will by using carmeras, etc., but attempted to do so.

2. Determination:

A. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is a crime established by photographing another person’s body against one’s will which may cause sexual humiliation or other shame, using a camera, etc. The term “recording” refers to the act of inputting the image information of the body into a film or storage device contained in a camera or any other device equipped with similar functions (see, e.g., Supreme Court Decision 2010Do1067, Jun. 9, 201). On the other hand, in order to punish an attempted crime of the crime, it should be recognized that the criminal act was commenced. To establish the commencement of the crime, specific and direct acts should begin to enter image information into the body of the body of the latter, such as camera, focusing on the body of the latter through the siren, etc. of mechanical devices such as a camera, and the act of using the body such as camera or camera in possession of a camera, etc. can not be found to have commenced one’s own act of taking one and one’s body.

B. Regarding the instant case, according to the evidence duly examined and adopted by this court, the Defendant’s act was found to have attempted to take photographs using the above method, such as a Kameras, in a situation where there is no information about whether or not the Defendant exists a person inside the body, and there is no information about whether or not the Defendant has engaged in sexual intercourse. The Defendant’s act is merely a preparatory act prior to the commencement of taking pictures to enter video information into the device, such as a photograph that focuses on the body of the body through the Kameras, and it cannot be deemed that the Defendant started the implementation of the crime of using the Kameras, etc., and there is no evidence to prove otherwise.

3. Conclusion

Thus, since the facts charged in this case constitute a case where there is no proof of facts constituting the crime, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure Act, and a summary of the judgment is not publicly announced under the proviso of Article

Judges Laosia

1) The indictment states that the name of the crime is "an attempted crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amera, etc.)", but according to the established rules on the name of the crime to be stated in the indictment and the non-prosecution book, if Article 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is applied, the indictment does not indicate "an attempted crime after the name of the relevant crime." Thus, it seems that