성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.
On December 15, 2016, the Defendant: (a) around 14:34, Hanam-si, Hanam-si, 101, around 101, took a dynamic image image of the victim E (the 16-year old age) in order to take the body of the victim, and to take the body of the victim. (b) On the elevator of the above apartment, the Defendant followed the victim to take the body of the victim. (c) On the elevator of the above apartment, the Defendant taken the body of the victim using mobile phone camera functions to take the body of the victim. (d) On the other hand, the Defendant took a dynamic image to take the body of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Police seizure records;
1. Application of CCTV Acts and subordinate statutes;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, even though the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on February 17, 2016, the Defendant again committed the instant crime of this case. The instant crime was committed by reporting the victim, who is a high school student, and taking the body of the victim following the elevator up to the elevator, and it is not easy to view that the method or content of the crime is not good.
However, the fact that the defendant is trying to prevent recidivism such as counseling treatment, etc., the fact that the defendant has reached an agreement with the victim at the investigation stage, that the defendant's parents wish to keep the defendant's prior wife blickly, that there is no record of criminal punishment except for the above fine prior conviction.