성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The sentence of sentence shall be suspended for the defendant.
When seized gallons are confiscated, 5 gallons (No. 1) shall be forfeited.
Punishment of the crime
On September 15:46, 2017, the Defendant knew that the D cafeteria building located in Namyang-si, Namyang-si, was entering the next partitions of the victim E (V, 44 years old). On September 6, 2017, the Defendant taken a cell phone (Evidence No. 1) using the toilet screen under which the victim reported melting.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. The photograph of a victim stored in the victim's mobile phone;
1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;
1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;
1. Penalty surcharge of 2,00,000 (per million won) to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59 (1) of the Criminal Act of the suspended sentence;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act shows the attitude of the defendant to see and reflect his/her mistake.
The defendant made a substantial compensation for damage (10 million won) by making a serious effort to reach an agreement, and the victim accepted it and did not want to punish the defendant.
There is no record of criminal punishment against the defendant.
The defendant himself/herself has completed education for the prevention of sexual assault and received a mental treatment, etc. to make efforts not to repeat the crime.
Other punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, method and attitude of the crime, and circumstances before and after the crime.
Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to the registration and submission of personal information, the defendant shall be 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 shall be subject to Article 43 of the same