성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.
Nevertheless, at around November 17, 2015, the Defendant taken a photograph by using a mobile phone that the Defendant had the front side of the non-victim(s) of the victim(s) who suffered school uniforms at the bus stops located in the 3-party bus stops located in the 16:49 square meters on November 17, 2015.
Accordingly, the defendant taken the body of the victim who could cause a sense of shame against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. The closure of a dynamic image taken by the victim;
1. Application of the existing Acts and subordinate statutes under subparagraph 1 of the seized evidence;
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 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. There are special circumstances under which personal information may not be disclosed, in light of the Defendant’s age, risk of recidivism, record of crime, content and motive of crime, method and seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by such order, prevention of sexual crimes subject to registration, effect on the protection of victims, etc.
(C) Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is applicable to a person subject to registration of personal information, and thus, Article 43 of the same Act is applicable to a person subject to registration of personal information.