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 September 3, 2013, the Defendant: (a) at the bus stops located in front of Ulsandong-gu B apartment, Ulsan-gu, B apartment; (b) found the victim C (at the age of 16) who was waiting to get on the city bus with his/her clothes; (c) tried to take a pansty and bucks of the female using the camera in a mobile phone; (d) taken a cell phone with the victim’s bridge; and (e) taken a panty and buckbucks of the female from May 24, 2013 to September 3, 2013; and (e) taken 52 times in total, as indicated in the list of crimes, the victim’s panty and bucks.
Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.
Summary of Evidence
1. Defendant's legal statement;
1. The police seizure record and the list of seizure;
1. Application of the Acts and subordinate statutes governing mobile phone images;
1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012 and enforced June 19, 2013) (Attached Table 1 through 3 crimes, choice of imprisonment), Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), each of the applicable provisions on criminal facts, and the choice of punishment, respectively;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the most serious annexed Crimes No. 52);
1. Article 62 (1) of the Criminal Act;
1. Probation and order to provide community service and attend lectures, Article 62-2 (1) of the Criminal Act, Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. In light of the fact that the number of crimes has reached 52 times for more than three months in the grounds for sentencing under Article 48(1)1 of the Criminal Act, and that there was a record of being subject to non-prosecution disposition following the agreement with the victim, and that there was a record of being subject to non-prosecution disposition following the agreement with the victim.