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
1. On June 28, 2015, at around 14:00, the Defendant taken pictures against his will another person’s body, which might cause sexual humiliation or shame by taking pictures using the USB-shaped mix, without the consent of the victim, while putting the fingers into the sexual flag of a female victim who was aware of through smartphone hosting display, and without the consent of the victim.
2. On June 29, 2015, the Defendant, at around 21:30, taken the body of another person, who may cause sexual humiliation or humiliation on five occasions in total, as shown in the attached crime list, from the above date to the 09:40 of the same month, by discovering the victim under the name of the Seoul subway No. 6, which is located in the 119-23, Yongsan-gu Seoul Metropolitan Government, Taewonwon-dong, and by finding out the victim under the name of the gate, and then driving away the stairs, taken the part of another person’s body from the above date to the 09:40 of the same month.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Investigation report (case against the error of time in the same image file);
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes to the head of a file information and the closure photographs of the main surface of a video and the closure photographs of a video file;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act that the defendant has been found to be guilty of his/her mistake is that there is no criminal record of the same kind in light of the content and frequency of shooting, and that there is no such criminal record as the defendant's mistake in light of the content and frequency of shooting.