성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 13:40 on January 9, 2020, the Defendant confirmed that there is a person in the female-use partitions of the second floor public toilets of male and female community service center B, and entered the front section of the male-use room immediately next to the Defendant.
The Defendant carried out the Defendant’s “SODA” for the purpose of photographing the victim D (n, s, and 25 years of age) who sees melting the foregoing smartphones, and collected the above mobile phone with partitions and floor gap. However, the Defendant did not immediately discover the above smartphones and have taken the body of the victim by scambling it by hand.
Accordingly, the defendant tried to photograph the body of the victim who could cause sexual humiliation or shame by using a camera, and attempted to do so.
Summary of Evidence
1. Application of the protocol of seizure of the police's statement concerning D's legal statement of the defendant, and statutes on the list of seizure;
1. Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and Articles 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the choice of imprisonment with prison labor
1. Article 62 (1) of the Criminal Act and Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Suspension of Execution;
1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration and the registration of personal information under Article 48(1)1 of the Criminal Act, the accused 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 competent agency
The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method of the crime, seriousness of the crime, disclosure notification order and employment restriction order can be achieved due to the defendant's age, occupation, risk of recidivism, and side effects and expected side effects of the defendant's disadvantage.