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
1. 2018. 11. 3.자 범행 피고인은 2018. 11. 3. 00:52경 서울 강북구 이하 불상지에 있는 상호불상의 모텔 호실에서 피고인의 휴대폰 동영상 기능을 켠 다음 그 곳 소파에 위 휴대폰을 숨겨둔 후 같은 날 클럽에서 만난 성명불상의 여성과 성관계하면서 그 장면을 약 38분간 몰래 동영상 촬영하였다.
Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera, against his will.
2. On March 8, 2019, around 21:21:23:53 on March 8, 2019, the Defendant entered the male side partitions in the first underground floor of Seongdong-gu Seoul (hereinafter “Csing room”) in the public toilets for men and women, and immediately next, the Defendant’s cell phone was sealed in the above female side partitions in order to keep the Defendant’s cell phone, and the prosecutor who reported a change in his/her house entered the aforementioned female side partitions in order to keep his/her cell phone, and then reported a change in his/her name, he/she taken the same image of three victims, including the victim who is a new female under his/her name, the female victim under his/her name and under his/her name, the victim under his/her verification color, and the victim D (the age of 26) in order.
Accordingly, the defendant taken the body of a person who could cause a sense of shame or shame by using a camera against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. E statements;
1. Records of seizure and the list of seizure;
1. Report on internal investigation (number 9), each investigation report (number 12, 13, 15, 18, 21, 24, No. 12, 24);
1. A report on the analysis of digital evidence;
1. Application of the Acts and subordinate statutes on CDs, CDs, video CDs as a result of on-site photographs, each audio-visual closure and digital sirens;
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Nov. 3, 2018); and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.