성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for four months.
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 March 6, 2015, the Defendant: (a) followed the victim C (V, age 24) from the bus around 20:00, and (b) stored the Defendant’s opphone 4S cell phone inside the above apartment apartment elevator into the body of the victim, and stored the Defendant’s opphone 4S cell phone inside the above apartment elevator into the body of the victim; and (c) taken a photo of the victim from the above date and time to time.
4. From November to May 54, 30, the victim and the women suffering from the fata of the above mobile phone using the camera function of the above mobile phone more than five times in total, such as the list of crimes in the annexed list of crimes.
Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using the camera function of the mobile phone against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to C by the police;
1. Filing an investigation report, list of crimes, application of Acts and subordinate statutes to photographs;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor ( Consideration of the methods of criminal conduct, the volume, method, frequency, etc. of taking photographs);
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 (Taking into account the reflection of the accused and the fact that the accused has no previous record);
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, 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 obligated to submit personal information
The age, risk of recidivism, the type, motive, process, result, and consequence of the defendant to issue an order to disclose or notify personal information of this case.