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(영문) 춘천지방법원 원주지원 2020.06.26 2020고단239
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 26, 2019, at around 00:35, the Defendant: (a) stored his cell phone behind the building “C” in the front city B with the gap of women’s toilets; and (b) taken the victim D (n), E (n, 21), and E (n, 21) image of the said female toilet using the camera function of the cell phone in order against the victims’ will.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation and accompanying documents;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020; hereinafter the same shall apply) applicable to the relevant criminal facts and the selection of punishment for each of the former types of sexual crimes;

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;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 2 and the main sentence of Article 56 (1) of the same Act; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); (2) It appears that there is a habitive wall for sexual assault crimes in light of the law of crime,

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