성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 25, 2014, at around 07:24, the Defendant taken a crop and bridge against his will, following the victim C (V, 17 years of age) who was frighting from the transfer stairs of 308 Eastern Station 1, 4 lines transfer stairs in Jongno-gu Seoul, Jongno-gu, Seoul, and caused sexual humiliation or shame by using smartphones, which could cause sexual humiliation or sense of shame by using smartphones.
In addition, the Defendant taken 60 times from May 13, 2013 to April 25, 2014, the body of the victims against their will in the same manner as the written list of crimes in the attached Form.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Police seizure records;
1. A criminal investigation report;
1. Application of the photographic Acts and subordinate statutes 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, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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 against Order to attend lectures or Order to provide community service;
1. As to the assertion of defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the defense counsel asserts that the defendant was in a state of mental disorder at the time of committing the instant crime.
According to the evidence mentioned above, it does not seem that the defendant had the weak ability to discern things or make decisions at the time of the crime.
In addition, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the provisions on mitigation under the Criminal Act shall not apply to sexual assault crimes in the state of mental disorder caused by drinking or drugs. In this regard, the defense of counsel is without merit.
The reason for sentencing is that the defendant commits several times of crime for a period of one year.