성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for not more than ten 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
1. The Defendant, from January 2018 to February 2, 2018, taken pictures of the victim’s name and influent body using a small camera in the form of USB from the victim’s name and influent body to the victim’s name and influent body using a small camera in the form of USB.
2. On December 5, 2018, the Defendant, within the office of the OOOO center located in Yeongdeungpo-gu Seoul Metropolitan Government, taken the victim C’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son
3. On April 12, 2019, the Defendant, within the office of the OOOO center located in Yeongdeungpo-gu Seoul Metropolitan Government, taken the victim’s her mobile phone camera, using the mobile phone camera, in which the victim C (at that time, 35 years of age) took the victim’s her part of the video picture.
Accordingly, the defendant taken three times the body of the victim who could cause sexual humiliation or sense of shame by using a camera, against the victim's will.
Summary of Evidence
1. Defendant's legal statement;
1. Records of police seizure and list of seizure;
1. A photograph of damage, or a photograph related to female crime;
1. Answers on results of digital evidence analysis, application of Acts and subordinate statutes on reports on digital evidence analysis;
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020;
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018).