성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
Some of the facts charged were revised.
[Criminal Power] On January 18, 2019, the Defendant was sentenced to four months of imprisonment with prison labor and two years of suspended execution at the Seoul Central District Court on April 2, 2019, and the judgment became final and conclusive on April 2, 2019.
【Criminal Facts】
The defendant is a person who operates a mutual accommodation facility called Sungnam-si B.
On May 2019, the Defendant installed a cell phone at the inner wall of TV inside the instant B building C, and installed one cell phone by drilling out and hiding out in a remote area. On May 2019, the Defendant was able to capture guests using CCTV systems installed in the said cell phone.
On June 1, 2019, at around 00:45, the Defendant, within the above B building C, taken the form of the victim’s sexual intercourses over 12 times from the time on July 10, 2019, including the images of the sexual intercourse between the male and female victims who were accommodated in the above area using CCTV fluencing system of mobile phone devices installed later, from the time to July 10, 2019.
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. Defendant's legal statement;
1. Records of seizure and the list of seizure;
1. Evidence, on-site photographs (Handphones, streetbooks), reports on analysis of digital evidence, and seized articles;
1. Investigation report (videos discovered from the lapt of the suspect), investigation report (verification of images, etc. taken by the suspect after sunset in subparagraphs A and C of the building B);
1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (verification of facts A, during the period of suspended execution), copies of written judgments, and application of statutes;
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, respectively;
1. The Criminal Act among concurrent crimes.