성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for six 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
No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.
The defendant is a person who works as a vice head in the business division in Busan-gu D, Busan-gu, and the victim F (the 24 years of age, the 24 years of age) is an employee working in the same company office.
On April 6, 2018, the Defendant knew of the fact that the victim was flicking in the development team office at the time of his leaving the office, and tried to photograph the victim's clothes. On April 6, 2018, at the second floor office of the above company, the Defendant taken pictures of the appearance that the victim was flicked by setting the cell phone inside the file box where the victim was flicking his cell phone before entering the office.
Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using his mobile phone against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to F;
1. Each report on investigation;
1. Application of seizure records and statutes concerning the list of seizure;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order or Order to attend a lecture;
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the Defendant 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, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
The defendant's age, occupation, risk of recidivism, and type, motive, etc. of the crime of this case is exempted from the disclosure order, notification order, and employment restriction order.