2015 Highest 1393 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing), Intimidation

A (74 years, South Korea), Company Board

Yellow-gu (Lawsuits) and Kim Jong-Un (Trial)

September 17, 2015

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

The defendant shall be ordered to provide community service for 80 hours and take lectures for the treatment of sexual assault for 40 hours.

Criminal History Office

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

On October 2014, the Defendant taken pictures of the body of the victim who could cause a sense of shame by photographing the body of the victim who was 30 years of age after the shower her cell phone at the place of the defendant's dwelling in Ulsan-gu ○○○○, Ulsan-gu, 2014.

2. Intimidation;

피고인은 2015. 4. 20. 20 : 25경 제1항 기재 주거지에서 피고인의 휴대전화로 피해자 B ( 여, 30세 ) 에게 피고인이 제1항 기재와 같이 촬영한 사진과 함께 " 이 사진 ○○한테 보내마. 내 원망 마라. 니 업보를 데이터 시켜줄께ㅎㅎ. " 라는 카카오톡 메시지를 전송하여 피해자를 협박하였다 .

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Each investigation report (victim's telephone call);

1. Photographs of the body of the victim;

1. Details of the Kakao Stockholm dialogue;

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 (the point of possession of photographs using camera, etc.), Article 283(1) of the Criminal Act (the point of intimidation), selection of each imprisonment penalty.

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Orders to provide community service or attend lectures;

Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

[Scope of Recommendation Form 1 (General Intimidation)

【No Special Convicted Person】

*The crime of intimidation is concurrent with the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) on which no sentencing guidelines are set.

[Determination of sentence] The nature of the crime is not good by photographing the body of the victim against the victim's will and threatening him to spread it, and it seems that the mental suffering of the victim caused by the crime of this case is considerable, and that it does not reach an agreement with the victim is disadvantageous to the defendant. However, the fact that the defendant is led to confession and reflect, that the defendant seems to have deleted the relevant photograph, and that there is no criminal history of the same crime or the suspension of execution or above, etc., the punishment shall be determined as ordered by taking account of various sentencing conditions shown in the records, such as the defendant's favorable circumstances, such as the defendant's age, character and behavior, environment, and

If a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Judgment on a sex offense subject to the registration of personal information 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 the defendant is obligated to submit personal information to the head of a competent police office

Disclosure Order or Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protection of victims, etc., it is determined that there are special circumstances where the disclosure or notification of personal information may not be made. Thus, an order to disclose or notify the Defendant 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) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Judges Lee Gyeong-won