성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 4, 2015, at around 19:24, the Defendant, a head of Jung-gu, Seoul, took a photograph of the victim’s spatha and buckbucks by using a gallon jus-si smartphone, which was going on a top-down 4 subway 230 subway 4, which was located in the Seoul Jung-gu Office, Seoul, and approaching a name-free female victim’s back to the name-free female victim.
Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.
Summary of Evidence
1. Statement by the defendant in court;
1. Records of police seizure and list of seizure;
1. Application of the Acts and subordinate statutes to photographs by capturing the video;
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;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant, even though having been sentenced to a fine for the same kind of crime and twice again, would not violate his/her mistake and repeat the crime in other cases, taking into account the defendant's age, character and conduct, family relation, motive, means and result of the crime, circumstances before and after the crime, etc., and all of the sentencing factors specified in the oral proceedings, where the conviction of the defendant against the criminal facts subject to registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the related agency pursuant to Article 43
The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order.