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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around June 2019, the Defendant, at around June 2019, took a film of the body of the victim following the death of the victim by using the camera function of smartphone, in which the victim D (Taking 18 years of age) was locked at the home of the Defendant’s head of Seosung-gu Daejeon U.S. B lending C, and taken a video image of the Defendant’s hand.
Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
2. Around August 2019, the Defendant, at the home of the victim D located in Daejeon Seo-gu, Daejeon, took a video recording of the face value of a sexual relationship with the victim using the camera function of the smartphone, which was in the victim’s sexual intercourse with the victim during his/her sexual intercourse with the victim.
Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
Summary of Evidence
1. Documents concerning the statement of the police concerning the defendant in the protocol of interrogation of suspect D, documents concerning the filing of a complaint against the defendant, and evidence to be submitted to the victim (a photograph of the Kakaoo);
1. Application of the provisions of seizure records and seizure list statutes;
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (amended by Act No. 17264 of May 19, 202), the choice of imprisonment, 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 62-2 of the Criminal Act; Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities
1. Confiscation Article 48(1) of the Criminal Act