2013 Highest 3967 Violation of the Special Act on the Punishment, etc. of Sexual Crimes (Kameras, etc.)

Gamgraphing

A person shall be appointed.

J. D. (Institution of Prosecution), Lee Jae-wheele (Public Trial)

February 20, 2014

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Seized evidence No. 1 shall be confiscated.

Criminal History Office

On October 24, 2013, at around 19:10, the Defendant taken the body of the victims, who might cause a sense of sexual shame, using the digital camera for the victim’s 19 years old (e.g., 37 years old) and the victim’s ○○ (e.g., 18 years old). Accordingly, the Defendant taken the body of the victims, who might cause a sense of sexual shame, after the opening of a cover at the place to take the body of the women using the seat.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, articles seized and photographs of the scene, and statements of the scene;

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 Imprisonment;

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

1. Order to attend lectures;

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

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Exemption from disclosure of personal information;

Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse.

The proviso to Article 49 (1) and the proviso to Article 50 (1) (The following circumstances are favorable for the reasons for sentencing and this is advantageous thereto:

In the case of a case, the effect of preventing recidivism by the defendant to a certain extent solely on the registration of personal information

In consideration of the fact that it appears that the disclosure of personal information is not possible, etc.

Reasons for sentencing

It entails a direct physical contact with the defendant that the defendant has no record of qualification suspension or higher, or that he has no direct physical contact.

In full view of the contents and characteristics of the sex offense of this case, the Criminal Procedure Act or the contents of photographs, and all other circumstances, such as the character and conduct, occupation, family relationship, and circumstances after the crime, the decision is made as ordered.

Obligation to Submit Personal Information

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and personal information is personal information in a related agency pursuant to Article 4

shall be liable to submit such documents.

It is so decided as per Disposition for the above reasons.

Judges Or Dong-dong