성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for not more than ten 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
On August 24, 2017, at around 20:54, the Defendant taken visual images of the victim D(41) in the Dong-gu Daejeon-dong, Daejeon-gu, Daejeon-gu, in front of the house windows of the victim D(41). The Defendant, using the camera mobile phone, taken the image of the victim in which panty only came together with the victim.
From that time to September 18, 2017, the Defendant taken photographs of another person’s body against his will that could cause sexual humiliation or shame using a mobile phone camera at least six times, as shown in the list of crimes attached hereto.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement in E, F, G, H, I, D, J, and K Preparation;
1. Application of the reporting-related Acts and subordinate statutes, such as field photographs (No. 4 times a year), investigation reports (in the course of arrest, etc. of a suspect), suspect smartphone photographs, screen photographs of a suspect smartphone, investigation reports (in the course of inspection of a suspect's female crime scene), female crime scene photographs, report on occurrence, internal investigation reports (No. 24 times a year), and digital evidence analysis results;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order of education under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the following conditions of sentencing shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the various conditions of sentencing as shown in the argument of the instant case.
Unfavorable circumstances: (a) in light of the form and content of each of the instant crimes, etc., the crime is not good; (b) it appears that sexual humiliation or mental impulses that have been caused by the victims were not less than that of the victims; and (c) the number of times of the crimes is not significant; and (d) there are many victims.