A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 5. 31. 23:41경 인천 계양구 C 소재 ‘D’이라는 상호의 PC방 옆 남ㆍ여 공용화장실에서 동영상 촬영 기능을 켜놓은 휴대전화 카메라를 손에 쥔 채 화장실 칸막이 위로 손을 뻗어 피고인의 옆 칸에서 용변을 보고 있는 피해자 E(여, 22세)를 몰래 촬영하였다.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mobile phone against his will.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement to F and E;

1. Application of field photographs, cellular phone photographs of the suspect;

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;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant was committed in this court, and that the victim did not have any criminal punishment by agreement with the victim, etc. under favorable circumstances, the fact that the Defendant was sentenced to criminal punishment due to sexual assault crimes should be considered disadvantageously, and the Defendant’s age, character and conduct, environment, etc. as indicated in the records and arguments of this case shall be determined by taking into account the various matters under Article 51 of the Criminal Act, which are the conditions for sentencing

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering and submitting personal information, etc., 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 is obligated to submit personal information to the competent agency pursuant to

However, the age, occupation, risk of recidivism, contents and motive of the crime, method of the crime, and seriousness of the crime.