성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment with prison labor 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
No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.
On May 28, 2019, at around 17:55 on May 28, 2019, the Defendant taken a photograph of 14 times by using the cell phone camera function from the following women suffering a short fright in the Seoul subway Line 3 Esprink in Jongno-gu Seoul, Seoul.
The Defendant, including that, from October 19, 2018 to May 28, 2019, taken photographs of all 137 victimized women, such as the list of crimes in the attached list of crimes, such as the 137 list.
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using mechanical devices against his will.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Seizure records;
1. Each investigation report (the movement of a photograph stored at the suspect's discretion on the mobile phone, the transfer of such photographic image stored at the suspect's cell phone, and the attachment of a photograph of such video recorded
1. A report on the analysis of digital evidence;
1. Application of each statute on photographs;
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; hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201); Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (which means photographing and photographing each camera, etc. listed in the attached Table
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 (The following extenuating circumstances among the reasons for sentencing);
1. Article 16 (4) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order;