성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for six 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
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.
1. On June 6, 2015, around 18:08, the Defendant committed the crime in C stairs, following the victim’s behind the subway 2 line C stairs located in Dongjak-gu Seoul Metropolitan Government, in which it is impossible to find out the name being checked short, the Defendant taken the body inside the body of the victim by using the recording function of smartphones, while making it difficult to find out the name being checked short from the subway 2 lines C stairs located in Dongjak-gu Seoul Metropolitan Government.
2. The Defendant, at around 18:50 on the same day as that of the preceding paragraph, taken the body of the victim using the victim’s visual recording function of smartphones owned by the Defendant, following the victim’s behind the victim’s name, whose name the Defendant was going up with the black-down short in the out-of-face C 4, 18:50 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Police seizure records;
1. Application of the Acts and subordinate statutes on closure photographs;
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, in relation to the relevant criminal facts;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
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 Committed against Probation and Order to Attend Courses;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant has a criminal record of suspended execution for the same kind of crime, but again, he/she committed each of the crimes in this case, so it is necessary to punish him/her accordingly.
In addition, the defendant is convicted of a sex offense subject to registration of personal information, which is a sex offense subject to registration of personal information, by taking into account the defendant's age, character and conduct, family relationship, circumstances before and after the crime, etc.