성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 9, 2015, in order to conduct a sexual intercourse and sexual intercourse with a victim who was unable to obtain his/her name from a cell phone in the influence room located in the Nam-gu Incheon Metropolitan City, the Defendant: (a) opened the Defendant’s cell phone camera shooting without the body body’s sound; (b) taken the Defendant’s cell phone camera shooting with the body in the body of the victim; and (c) taken four times in total by the victim on May 9, 2016, including taking the body parts of the Defendant’s body under the body of the body in the body of the victim, by means of the above four times in total, as described in the list of crimes committed in the attached Table.
Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A protocol of seizure and a list of seizure;
1. Report on the results of digital evidence analysis;
1. Application of Acts and subordinate statutes, such as photographs of unknown female victims who have been restored after the analysis of each digital evidence;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;
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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act appears to have the attitude of recognizing and reflecting the Defendant’s crime, the primary offender, and the fact that the said victim did not want the Defendant’s punishment by agreement with the victim C, etc. under favorable circumstances, the fact that the victims, other than C, did not recover from the harm suffered by the victims excluding C, is considered disadvantageously, and the contents of the taken images, and other conditions of sentencing, such as the Defendant’s age, sexual behavior, environment, etc., as shown in the records and arguments of this case.