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 a period of two years 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, the Defendant, at around November 30, 2016, entered the victim D (n, 24 years old)’s joint space of male and female in the above toilets for public use of the C cafeteria located in G, Sinpo City on November 30, 2016, and entered the victim’s right side, and entered the victim’s exclusive space.
The body of buckbucks, etc. of the victim who reported the use of the cell phone with the inner function of the carmeras was exposed to the partitions above, was exposed to video.
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. Statement made by the police against D;
1. Application of this Act and subordinate statutes to a photograph, etc. related to the place of crime, records of seizure, and results of analysis of digital evidence, and a report, and a photograph of the place of crime taken by a suspect at the time of crime;
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 Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;
1. Personal information shall not be disclosed in light of the Defendant’s age, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by such order, prevention of a sexual crime subject to registration, effect on the protection of victims, etc.