성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant was an employee of the Gangnam-gu Seoul Metropolitan Government “C” Emstop in Seoul.
From July 2018 to August 8, 2018, the Defendant started to have a small camera (No. 2) with the shape of the pentle installed in the above lethic female toilets underground.
1. From December 2018 to January 9, 2019, the Defendant, in the foregoing toilets, installed a small camera and taken the image of 2 female customers in a scarb as seen above, to view the scarbs.
Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame on two occasions by using a camera or other similar devices.
2. At around January 13:30, 2019, the Defendant installed a small camera as above and tried to take a string of the victim D (the victim’s name, leisure, and age 23) to view strings. However, the Defendant was aware that the victim was taken and did not collect the said camera from the victim.
Accordingly, the Defendant attempted to take and attempt to take the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Police investigation report (the analysis of seized articles and fences);
1. CDs submitted by the complainant and CDs submitted by the complainants;
1. Application of Acts and subordinate statutes of subparagraphs 1 and 2, which have been seized;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed in relation to the relevant criminal facts and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means attempted to take photographs, such as a camera),
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 of the suspended execution is as follows.