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
On May 8, 2017, at around 21:55, the Defendant, at the center of C Station B located in Seongdong-gu Seoul Metropolitan Government, taken pictures of the lower part of the female victim’s body in the name unexploiting name, who was going up with escalators using the galthala function of the cellular phone 5 mobile phones owned by the Defendant as a video.
In addition, from around that time to April 23, 2019, the Defendant taken the body parts, etc. of the victims by a similar method over six times, such as the list of crimes in the attached Table.
Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame.
Summary of Evidence
1. Defendant's legal statement;
1. Seizure records;
1. A criminal report (criminal sight chart and photographs by sight tag, CD attachment), and accompanying criminal video CDs;
1. Application of investigation reports (digital evidence analysis and crime list case) and photographs of crimes attached thereto;
1. Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Articles 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The instant crime on the grounds of sentencing under the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order to complete the program is an act of photographing female victims against their will, and such crime is not less complicated than that of taking into account the body parts of the female victims against their will.
However, the fact that the defendant recognized the crime of this case and reflected the wrongness, that the defendant is trying to prevent recidivism by voluntarily receiving mental treatment, etc., and that the defendant is the first offender who has no record of criminal punishment, considering the circumstances favorable to the defendant.