(영문) 서울중앙지방법원 2020.1.8. 선고 2019고단7613 판결

Where the above fine is not paid, the defendant shall be confined in the workhouse for the period calculated by converting the amount of one million won into one day.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Seized evidence No. 1 shall be confiscated.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

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

Nevertheless, at around 20:52 on May 20, 2019, the Defendant taken the flag of the victim D (tentative name) in front of the cell phone camera using the cell phone camera located in Jung-gu Seoul, Jung-gu, Seoul.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against pseudonymd persons;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (a CCTV verification);

1. Photographs of the victim's photograph;

Application of Statutes

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

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

1. Detention in a workhouse;

Articles 70(1) and 69(2) 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;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

○ Unfavorable Circumstances: The means and methods of the instant crime are not good. The crime of photographing the use of a camera and others is highly harmful to society, and the Defendant was not able to receive from the victim.

The circumstances favorable to ○: The Defendant reflects his mistake. There is no past record of punishment for a crime. The circumstances that deleted the photographs immediately after the crime and distributed them up to now are not discovered.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances before and after the crime, etc. shall be determined as per the disposition.

Registration and submission of personal information

When a conviction on a crime in the judgment becomes final and conclusive, 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 the head of the relevant agency pursuant to

Disclosure Order, Notice Order, and Employment Restriction Order

Considering the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process of the instant crime, anticipated side effects and expected side effects of the Defendant’s entry, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., it is deemed that there are special circumstances where disclosure or employment of the Defendant’s personal information should not be restricted. Accordingly, the said order shall not be sentenced pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1), proviso to Article 50(1), proviso to Article 56(1), proviso to Article 56(1), proviso to Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 201