2018 Highest 1618 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

(G) Violation of the Special Act on the Punishment, etc. of Sexual Crimes

Multi-purpose Multi-Use Place Intrusion)

A

An on-site, a public trial, or a public trial.

Attorney Jeong Young-deok (Korean)

May 9, 2019

The sentence of sentence against the defendant shall be suspended.

The defendant shall be ordered to be put on probation for one year.

Seized beer (Evidence No. 1) shall be confiscated.

Criminal facts

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

On November 7, 2018, 17:35, Jinju City, Do 2018, the Defendant considered whether there is a person inside a female toilet, and then entered into the first screen of the female toilet for the purpose of taking the appearance of female women into a stude image with smartphone to take the stude image of an unspecified woman.

Accordingly, the Defendant infringed on toilets, which are public use places used by many unspecified persons, for the purpose of meeting sexual desire.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

The Defendant, at the same time and place as mentioned in Paragraph 1, taken a picture of the victim C (the family name, the 13-year age group) who reported a melting side of the smartphone camera in light of the upper part of the cellphone, going back to the upper part of the cellphone so that his bees can not be taken by hand, and then taken the image of the victim C (the 13-year age group) who reported a melting side in the upper part of the smartphone camera in light of the side side screen.

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

Summary of Evidence

1. Defendant's legal statement;

1. A victim video CD;

1. 112. List of reported cases;

1. Investigation report (on the field situation), investigation report (related to CCTV analysis), investigation report (related to response to results of digital siren analysis) (in relation to the field situation);

1. Present presence of a confiscated beer (Evidence 1);

Application of Statutes

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

Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) and 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; Options of a fine)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

1. Punishment amount to be suspended: 3,000,000 won;

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

1. Suspension of sentence;

Article 59(1) of the Criminal Act

1. Probation;

The proviso to Article 16 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

The defendant is a minor who has not been fully and mentally mature at the time of committing the crime of this case and has no record of punishment before the crime of this case and has not committed any second offense in the future. The defendant voluntarily surrenders to the police who was dispatched to the scene immediately after the crime of this case. The defendant appears to have no possibility of spreading by eliminating the video images taken immediately after the crime of this case, and the victim does not want punishment by mutual agreement with the victim's side, and the defendant's age, character and behavior, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime of this case shall be determined as ordered by taking full account of various sentencing conditions as shown in the arguments of this case.

Where a conviction of a defendant is finalized on each criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 a related agency pursuant to

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed without the invalidation of the suspended sentence after the judgment on the suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 201

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

In light of the defendant's age, occupation, risk of recidivism, motive for the crime in this case, method of crime, seriousness of consequence and crime, disclosure order, notification order and anticipated side effects of the defendant's disadvantage due to the crime in this case, and the prevention and effect of the sexual crime subject to registration which can be achieved due to such order, it is judged that there are special circumstances where the defendant's personal information should not be disclosed or notified or ordered to be placed in a child or juvenile-related institution, etc. pursuant to the proviso of Article 47 (1) and Article 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49 (1) and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Judge Shee-hee