성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for four 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
[criminal power] On February 19, 2019, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras) at the Seoul Eastern District Court, and the judgment became final and conclusive on July 12, 2019.
【Criminal Facts】
No person shall shoot another person's body by using a camera or any similar mechanism, which may cause sexual humiliation or sense of shame.
1. On November 28, 2018, at around 07:22, the Defendant taken a visual image of a female victim, using Samsung Galthothno, a mobile phone, the Defendant uses Samsung Galthno, a cellular phone, a cellular phone, prone to a part of his/her name, using his/her hand, going beyond his/her hand, with the first floor and the second floor near the convenience store in the building in Seongbuk-gu, Sungnam-gu, Seoul, and the second floor.
2. On November 28, 2018, the Defendant, at the above toilets around 08:30 on November 28, 2018, taken a visual image of the female victim in the name of the victim under the above method.
3. On November 28, 2018, the Defendant, in the above toilets around 08:30 to 08:40 on November 28, 2018, taken a visual video recording of the female victim under name in the above manner, in which the female victim under name was able to report booms.
Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mobile phone, which is a mechanical device with a camera function, against their will.
Summary of Evidence
1. Defendant's legal statement;
1. A CD in the storage of screen pictures taken by a suspect during the time of death;
1. A report on investigation (a report identifying the place presumed to be the place of occurrence of a crime);
1. Previous convictions: References to criminal records, text of summary order, or four copies of the judgment, summary order, replys to the agreement of the case, and application of statutes of Supreme Court Decision 2019Do7249;
1. Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the relevant criminal facts and the selection of punishment for each of the former types of sexual crimes;
1. The Criminal Act dealing with concurrent crimes;