성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for four months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
1. On July 25, 2018, the Defendant, at around 19:58 on July 25, 2018, taken a video image of the victim’s body fat, using the cell phone camera function in front of the victim’s cellular phone function, where it is difficult to identify the location of the main body fat, and where it is difficult to identify the location of the main body fat, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.
Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.
2. On July 27, 2018, the Defendant, at around 08:15 on July 27, 2018, taken visual images using the cell phone camera function in which the name of the victim, who was in his/her possession of his/her cell phone in advance, was unknown at a place where it is difficult to identify a location below the 08:15, Ansan-si, Ansan-si, an Ansan-si, and the name of the victim, who was in his/her name, was crypted.
Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of seizure and a list of seizure;
1. Application of photographic Acts and subordinate statutes related to serious crimes;
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 for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The reasons for sentencing under Article 48(1) of the Criminal Act are as follows; comprehensively taking account of the following circumstances, the sentencing conditions specified in the argument of the instant case, including the Defendant’s age, sexual conduct, career, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, the sentence is determined as ordered.
[3] On May 30, 2018, the Defendant had been sentenced to a fine of KRW 7 million for the same crime and had been on the ground of the prosecution’s unfair sentencing. However, the Defendant committed the instant crime.