성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 6, 2017, the Defendant took a video image of the victim E (the 42 years of age) known through mobile hosting program “D” using the Defendant’s cell phone camera function in order to conduct sexual intercourse from 707 “G” in Suwon-si, Suwon-si around March 8, 2017.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigative reports (Attachment of screen pictures, CDs, photograph photographs taken by the person under investigation, and Internet search cases);
1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;
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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution, although the circumstances after the crime are not good, such as intimidation of a victim by means of motion picture taken, it shall be considered that there was no record of punishment in the Republic of
1. Where the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the conviction of the accused against the obligation to submit such information becomes final and conclusive, the accused 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 thus, is obligated to submit personal information to the head of the competent police office pursuant to
The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to it, and the protection effect of the victim.