성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 1, 2013, at around 13:04, the Defendant, at the time of photographing the body part of the victim who could cause sexual humiliation or shame by using Samsung Ggalthro 2 mobile phones with the function of the SVR jusamer, taken a video image against the victim’s will, from August 13, 2013, by up to 07:50 on August 13, 2013, the Defendant, at least 63 times in total, taken the body part of the victimized female 72, whose name cannot be known, as indicated in the list of crimes, against the victim’s will.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police interrogation protocol against the accused;
1. Records of seizure and the list of seizure;
1. Application of the statutes governing the analysis of seized articles;
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. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that it is an initial offender who has no record of crime, depth of his/her mistake, and reflects his/her mistake);
1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the registration of personal information and the obligation to submit such information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is obligated to submit
The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.