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
On June 19, 2016, at around 22:04, the Defendant took photographs of the victim of the instant victim’s ambucks, bucks, and spucks, which were located in the cellular phone function located in the cellular phone in Seocho-gu Seoul Metropolitan Government (n, 23 years of age).
In addition, from around that day to 23:51 of the same day, the Defendant taken five photographs of the victim, including but not limited to the victim’s tam, bucks, suckbucks, species, and bucks, and taken a video recording once.
Accordingly, the defendant taken 6 times in total against his will the body of another person who may cause sexual humiliation or shame by using a mobile phone with a camera function.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment to a suspect's photograph, such as a photograph of a screen picture, photograph of the suspect, and photograph of the screen picture;
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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. According to the reasons for sentencing under Article 48(1)1 of the Criminal Act, the sentencing conditions, including the following specific circumstances and methods and patterns of the instant crime, the contents of each of the instant crimes, the relationship between the Defendant and the victim, the age, character and conduct, home environment of the Defendant, and the circumstances before and after the instant crime, shall be determined in full view of the sentencing conditions as indicated
Even after the crime was committed, the contents and degree of the initial photographic picture without any criminal force, which is seized by the police after cutting the victim's photographic device from the victim at the scene immediately after the crime was committed.