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 October 26, 2014, the Defendant took the body of the victim who was shower by the victim D (Woo, 19 years of age) in the toilet and opened a toilet window on the side of the building outer wall of the building and stored a mobile phone in a cell, and taken the body of the victim who was shower by a camera attached to the mobile phone, around 02:10, Seo-gu, Daejeon.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation against his will by using a camera.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on site photographs and CCTV photographs;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Article 62 (1) of the Criminal Act;
1. When a conviction of a crime in the judgment that constitutes a sex offense subject to registration and submission of personal information is confirmed, such as the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant shall be a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the relevant agency as prescribed in Article 43 of the same
In light of the Defendant’s age, occupation, risk of recidivism, motive, progress, seriousness of a crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, protection effect of the victim, etc., the disclosure of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is determined to be special circumstances that may not be disclosed or notified.