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 July 17, 2018, the Defendant reported the victim C (the age of 26) who was suffering a bucker in front of the seat he was seated, and taken bucks and clothes with the victim’s bucks and bucks using the camera function of the cell phone in order to take photographs of the victim’s bucks and clothes, and taken bucks and bucks of the victim’s bucks and clothes.
Accordingly, the Defendant took photographs of another person's body that 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 C;
1. Written statements of D;
1. A protocol of seizure and a list of seizure;
1. Application of one photograph and one CD of a criminal motion picture with the closure of the crime;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The reason for sentencing of Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions, was that the Defendant took a probl image by inserting Handphones in a bus on the ground that the female who was unaware of in the bus is a bad business.
Criminal quality is very bad.
The victim was made a great insult, sense of shame, and aversion, and was shocked.
The defendant is punished for the defendant.
Although there was a history of punishment for a sex offense, the Defendant had interviewed with the same kind of crime in this case, and did not seem to be consistent and contradictory to the defense that was not contacted at the time of discovery or investigation by the investigation agency.
In addition, the sentencing indicated in the record, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.