성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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
On December 15, 2015, at around 12:18, the Defendant, at around 12:18, took pictures of the body of the victim by using the cell phone camera function owned by the Defendant, who was living together in the room room room located in Gangnam-gu Seoul Metropolitan Government not more than Seoul, to return to the body.
As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
Summary of Evidence
1. Court statement of the defendant (the third court date);
1. The police statement of E;
1. Application of Acts and subordinate statutes to report internal investigation (referring to submission of text messages, photographs, etc. by a victim as evidence), copies of text messages, and photographs of victims (ssaws after shower);
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, community service, or order to attend a lecture, are not significantly good in light of the background, means, methods, contents, etc. of the instant crime, and the fact that the degree of mental shock and sense of sexual shame that the victim received due to the instant crime appears to be considerably high is an element for sentencing unfavorable to
On the other hand, there are extenuating circumstances such as: (a) on October 19, 2016, after the prosecution of this case was instituted, the victim did not wish to punish the defendant; and (b) the defendant did not have any record of punishment for the same kind of crime.
In addition, the sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.