성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On April 6, 2018, at around 15:20, the Defendant taken photographs of the victim E (V, age 42) who used the Defendant’s mobile camera function in Incheon Gyeyang-gu, Incheon, and D public bath room, using the Defendant’s mobile phone camera function, and then took photographs of the victim’s body that may cause a sense of sexual shame by using a camera, etc. against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. 112 Reporting (O.1923) Application of relevant Acts and subordinate statutes
1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds):
1. According to the proviso of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from Order to Order and Order of Employment Restriction, the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s previous conviction, the instant act’s attitude, and the degree of reflection thereof are low in risk of recidivism, and thus, is exempted from the employment restriction order, and no order to complete programs is imposed upon considering the Defendant’s mental and medical treatment) on the grounds of sentencing, the sentencing conditions specified in the trial process of the instant case shall be determined as ordered, taking into account the following circumstances:
A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.
The defendant is an initial offender who has no record of punishment.
When considering the motive leading the defendant to commit the crime, the defendant is likely to repeat the crime.
shall not be determined.
Unfavorable circumstances: The victim seems to have suffered a considerable sense of sexual humiliation and displeasure.
Nevertheless, the defendant did not agree with the victim.