성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for one year.
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 21, 2020, around 19:23, the Defendant taken pictures against his will the body of another person who may cause sexual humiliation or shame by using the Defendant’s cell phone camera function at approximately 2 minutes from July 7, 2017 to March 21, 2020, using the Defendant’s cell phone camera function in the direction of the exiter No. 3 of B subway C No. 8 of Gangnam-gu Seoul, on the name of the victim with a white flamer, using the Defendant’s cell phone camera function.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement, protocol of seizure, list of seizure requests for appraisal, and respective illegal photographic pictures of seized objects;
1. Article 14(1) (No. 1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14(1) (No. 2, 3, and 4) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Articles 14(1) (No. 2, 3, and 4) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;
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. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Criminal Act, the accused 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 under Article 43 of the same Act.
The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure and notification order is exempted from disclosure and notification order.