성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for not less than eight 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 May 30, 2014, around 17:50 on May 30, 2014, the Defendant: (a) reported that the victim D, a place of work, (23 years old) was able to get clothes from a vehicle in front of the factory of a company where the Defendant, located in Seongbuk-gu Seoul, is working as the head of the management department; and (b) taken the victim’s booms by using the Defendant’s mobile phone,
6. Until around 26.26.Before all, the body of another person, which might cause a sense of sexual shame by using a camera over a total of six times, was taken or attempted to taken against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of the video CD-related statutes;
1. Article 14 (1) and Article 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;
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 48 (1) of the Criminal Act of confiscation;
1. The sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend a lecture or community service order is not good and the victim does not agree even though the victim complained of serious mental suffering. Meanwhile, the defendant does not have criminal records of the same kind or imprisonment without prison labor or more, and the defendant does not reflect his/her other circumstances, such as the defendant's age, character and conduct, family relationship, motive, means and result of the crime, and circumstances after the crime, etc. shall be determined as ordered by taking into account the following circumstances.
Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 to the competent agency pursuant to
order to disclose personal information.