2018 Highest 4808 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Coloring)

A

An authorized number of cases (prosecutions) and Kim Purification (trials)

Roel Law Firm, Attorney Park Don-ra

November 1, 2018

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

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

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for two years.

Criminal History Office

On October 8, 2011, the Defendant: (a) intending to take the Defendant’s cell phone cameras in the direction of the mouth of the train; (b) tried to take the fluor body part of the female crew or the fluor body part of the fluor’s body part of the fluor’s body part of the fluor’s body part in the train; (c) 15:04 on the same day, the Defendant taken the fluor’s fluor body part in the train using the foregoing method at the same place; and (d) taken the fluor part of the fluor’s body part in the fluor’s fluor’s fluor’s fluor; and (e) taken the fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s body part in the train.

Accordingly, the Defendant intended to take or attempt to take photographs of another person’s body, which may cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A report on the analysis of digital evidence;

1. Details of use by KTX, details of use by B, and details of use by C;

1. No. 1 among three CDs submitted by the accusers;

Application of Statutes

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

Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Article 70 of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

1. Order to complete programs;

The main sentence of Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Registration and submission of personal information;

When a conviction on the instant crime becomes final and conclusive, the Defendant becomes a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 4(1) of the Addenda to the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 19, 2012). As such, the Defendant is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act and Article 4(1) of the Addenda to the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11

Exemption from Information Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects to be affected by the Defendant’s disadvantage, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances that may not disclose and notify personal information pursuant to the proviso to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11556, Dec. 12, 2012). Thus, no disclosure order or notification order shall be issued to the Defendant.

Reasons for sentencing

The Defendant’s crime of this case infringed the victims’ right to sexual self-determination and freedom not to be taken. In order to satisfy his own abnormal sexual desire, the Defendant was subject to shooting of women who moved or perform duties at 26 times during a period of about four months, and the nature of the crime is not very good in light of the time, frequency, objects of shooting, image, etc. of the crime, such as photographing the crym, etc. However, there is no history of punishment prior to the instant crime, and there is no circumstance that the Defendant committed the instant crime even after the instant case. The Defendant appears to have made efforts to reflect his mistake and improve his character and character. In addition, the Defendant’s age, character and conduct, motive and background of the crime, means and consequence of the crime, circumstances after the crime, criminal records, and all the sentencing conditions indicated in the instant arguments and records, such as criminal records, shall be determined in the same sentence as the order.

Judges Gindo.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.