Text
A defendant shall be punished by imprisonment for six 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
The defendant and the victim B (the name of the defendant) are not known.
On May 20, 2019, at around 23:05, the Defendant, who was entering the first floor female toilets of the building C in Gangseo-gu Busan Metropolitan City, was exposed to the side partitions of the victim, and the partitions was installed on the cell phone, and the victim was exposed to the cell phone, using the video photographing function of the mobile phone camera in order to see the screen.
Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera, against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. The police seizure record and the list of seizure;
1. Application of CCTV image CD-related Acts and subordinate statutes;
1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;
1. Article 62 (1) of the Criminal Act;
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. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment to register and submit 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 is obligated to submit personal information to a related agency
In full view of the Defendant’s age exemption from disclosure and notification orders, type of crime, criminal process, criminal records, disclosure and notification orders, social benefits expected by the employment restriction orders, and the effectiveness of the prevention of sexual crimes and the disadvantages and anticipated side effects of the Defendant therefrom, etc., it is determined that there are special circumstances where the disclosure and notification of the Defendant’s personal information or the issuance of employment restriction orders to children, juvenile-related institutions, etc. and welfare facilities for the disabled are prohibited. Thus, Article 47(1) and (2) of the Act on Special Cases Concerning