2015 Highest816 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras and photographing), sexuality

Violation of the Act on Special Cases concerning the Punishment, etc. of Violence Crimes (Intrusion upon Sexual Purpose and Public Place)

○○ (1984 Employment) (194 Employment), A public official

Park Jong-hee (Criminal Prosecution) and family-type (Public trial)

Attorney Park Ho-hoon

July 22, 2015

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

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Seized No. 1 (one mobile phone LG) shall be confiscated.

Facts of crime

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

No person shall photograph the body of another person against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.

Nevertheless, around March 2015, the Defendant discovered the appearance of the damaged female who could not know the name that was entered in the next partitions of A University Women’s Toilets, and taken the body of the victimized female who could have caused sexual humiliation or shame by inserting the Handphone in the next partitions through the space between the body of the Defendant’s handphone and the toilet floor by using the Defendant’s handphone function. The Defendant taken the body of the victimized female who could have caused sexual humiliation or shame against his will.

2. Violation of the Act on the Punishment, etc. of Sexual Crimes (Intrusion upon Sexual Purpose, Public Place);

On June 9, 2015: around 45, the Defendant: (a) entered one column of female toilets installed with four partitions in the public toilets located in the B public toilets located in the B public toilets located in the B B of the Don-Eup, Do in Jeju-si, and stolen the form of the Victim X (M, 30 years of age) and the Defendant was able to see the victim’s melting side by putting the front door of the Defendant into the next column while waiting to enter the female.

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

Summary of Evidence

Omission

Application of Statutes

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

Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12(a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection

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

1. Order to complete programs;

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

1. Confiscation;

The sentencing of Article 48(1)1 of the Criminal Code is determined as ordered in consideration of the following circumstances.

○ favorable circumstances: Recognizing and opposing the facts of crime;

The Defendant was sentenced to a fine for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on April 9, 2013, and on April 11, 2014, and committed the instant crime of the same kind while the appellate court has been holding a suspended sentence of two years for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of sexual purpose and public place) on March 19, 2015.

○○ Other: Where a judgment becomes final and conclusive to submit personal information, such as the Defendant’s age, character and conduct, environment, and circumstances before and after the crime, the Defendant becomes a person subject to registration of personal information prescribed in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the head of the competent police

Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Judges Cho Hyun-hee

1) On December 4, 2012, the Defendant intruded into a woman toilet at a mother university.

2) On January 14, 2014, the Defendant invadedd on public toilets B located on the coast of the Jeju City with a view to meeting sexual desire.

3) On December 16, 2014, the Defendant invadedd six soup rooms exclusively for women making soup with a view to meeting sexual humiliations.