성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment with prison labor for up to 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
On May 2013, the Defendant installed a small camera on the upper part of the garbage tank in order to take a tight body part, such as a negative part of women who have melted the public toilets of the first floor of the Gangseo-gu Seoul Metropolitan Government D Building.
1. On May 25, 2013, the Defendant taken a photograph of the body of another person against the victim’s will, by photographing at the above public toilets, by two damaged women, whose names cannot be known by using small cameras installed as above, the Defendant exceeded her panty and panty, and taking a spande, thereby causing a sense of sexual humiliation.
2. At around May 30, 2013, the Defendant taken a photograph of the body of another person against the victim’s will, by photographing at the above public toilets around May 30, 2013, five female victims, who are unable to know their names by using a small camera installed as above, she exceeded her panty and panty, and photographing the her body, which might cause a sense of sexual shame.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (Attachment of photographs, such as moving routes before and after committing a suspect);
1. Application of Acts and subordinate statutes on seizure records;
1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the choice of imprisonment with prison labor, etc.
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. Probation and community service order under Article 62-2 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. The reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture are as follows: (a) the Defendant installed a camera in public toilets in a planned and consistent manner several times; (b) the damaged women taken by the above camera up to seven persons; (c) the Defendant did not have any record of punishment for the same kind of crime; and (d) the Defendant recognized the mistake while making a confession of the instant crime; and (c) the background, means, method, and consequence of the instant crime.