성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)등
A defendant shall be punished by imprisonment for four 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
On July 30, 2020, around 17:14, the Defendant: (a) taken the body part of the women who suffered bodily injury by using the Defendant’s cell phone, and (b) taken the body part of the women who suffered bodily injury by using the Defendant’s cell phone in the same manner 32 times in total from March 2019 to July 30, 2020, including taking the body part of the women who suffered bodily injury by using the Defendant’s cell phone.
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. Statement by the defendant in court;
1. A report on the results of analysis of digital evidence;
1. Seizure records;
1. Application of a list of offenses, photographs, or extracting statutes;
1. Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15997, Dec. 8, 2018; hereinafter “Attachment 1”) against criminal facts; Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 202; hereinafter “Attachment 7 through 25, 31”); Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 202; hereinafter “Attachment 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15997, Dec. 26 through 30, 201);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation under Article 62 (1) of the Criminal Act on the Suspension of Execution and the Punishment, etc. of Sexual Crimes;
1. As for the reasons for sentencing under Article 48(1) of the Confiscation Criminal Act, each of the instant crimes against many unspecified victims was committed for a considerable period of time (unfavorable circumstances), the Defendant was seriously opposed to the Defendant’s receipt of counseling treatment after committing the crime, and the circumstances where the film has been distributed up to now are not discovered, and there are no special criminal records (defensive circumstances), the Defendant’s age, sex behavior, environment, circumstances after committing the crime, etc.