성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The punishment of the accused shall be determined by a year of imprisonment.
The defendant shall complete the sexual assault treatment program for 80 hours.
Punishment of the crime
On March 10, 2019, at around 07:40 on March 10, 2019, the Defendant intruded into a female toilet to hear the sound closed from female toilets located in the second floor of Seoul Special Metropolitan City, Nowon-gu, Seoul, with a view to cutting away the appearance of women’s melting the appearance of women’s melting, and then, in front of the first melting column, the Defendant diversh functioned in the Defendant’s smartphone, and taken the image of the victim C (one name, 22 years of age) by inserting smartphones under the direction that the victim C (one name, and 22 years of age) sees the defense.
As a result, the Defendant intruded on toilets which are public use places for the purpose of meeting his sexual desire, and took photographs of another person's body, which may cause sexual humiliation or shame, using a camera or other similar devices.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to C by the police;
1. On-site investigation reports (on-site investigation and CCTV analysis), and each investigation report (additional analysis of victim’s additional image submission/CCTV);
1. Response to the request for appraisal;
1. Records of seizure and the list of seizure;
1. Application of CCTV photographs and CCTV video CD-related Acts and subordinate statutes;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The victim is against his/her will to be punished in accordance with Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.