성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for not less than eight 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
On July 18, 2017, at around 00:05, the Defendant: (a) taken a fluorial image on the part of the victim F (the 32 years old), fluor, fluor of subway No. 9 line E Line No. 4 located in Gangnam-gu Seoul, Seoul; (b) taken a fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s
Accordingly, the Defendant took photographs of another person’s body against his will, using a camera or other devices with similar functions over a total of 10 times, which may cause sexual humiliation or shame.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A statement prepared by the F;
1. Application of the list of crimes and the photographic Acts and subordinate statutes attached thereto;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the records of being punished by a fine for the same type of crime on October 2016 and the frequency of taking pictures, but not limited to the frequency of taking pictures, the physical parts and degree of exposure taken, the entire confession of and reflect in depth on the crime, and the fact that there is no record of other crimes except for the previous conviction of the fine above);
1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. If a conviction on a sex offense subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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 such person is subject to registration of personal information in accordance with Article 43 of the same Act.