성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On August 29, 2015, the Defendant taken a photograph of the victim’s ridges, etc., using the mobile phone camera function in front of Daegu-gu B, Daegu-gu.
2. The Defendant, in the vicinity of the same place in around 03:58 on the same day, taken photographs of the parts, such as the victim’s legs, leg, etc., by the foregoing method.
3. The Defendant, at around 04:45 on the same day, taken a photograph of the victim’s bridge, etc. in distress in the same manner as above.
4. The Defendant, in the vicinity of the same place around 04:14 on the same day, taken a photograph of the victim’s leg and the victim’s name in the same manner as above, with male and female kising.
As such, the Defendant taken four times against his will the body of the victims who could cause sexual humiliation or shame by using a portable phone with similar functions as a camera.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and D;
1. Voluntary submission of a report on seizure, list of seizure, and voluntary submission;
1. Application of the photographic Acts and subordinate statutes;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation, order to attend lectures, and the Punishment, etc. of Sexual Crimes;
1. Where a judgment on the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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 a related agency pursuant to Article 43 of the same Act.
The defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, seriousness of the crime, disclosure order or notification order.