성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for four 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
[ criminal facts] No photographing another person's body, which may cause sexual humiliation or sense of shame, by using camera or similar devices, shall be distributed, sold, leased, provided, or openly displayed or shown in violation of the latter's intent.
On July 24, 2015, at around 16:00, the Defendant took a photograph of the victim E (Woo, 18 years old) and the victim F (3 years old, 18 years old) on the front side of D in Daegu-gu, Daegu-gu, Daegu-gu, Seoul-gu. The Defendant taken a photo of the victim’s chests and bucks.
As a result, 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. Statement by the defendant in court;
1. A written statement of F and E;
1. Police seizure records;
1. Application of video recording CD-related Acts and subordinate 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;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (the fact that the defendant commits his/her mistake against himself/herself, the fact that the defendant has no past record of criminal punishment exceeding the fine, the age, sex, environment, etc. of the defendant);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from the disclosure order and notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s misunderstanding and reflects his/her mistake, and is likely to correct the character and behavior of the Defendant by taking lectures of sexual assault treatment, whereas the disclosure order and disclosure order are given.