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(영문) 서울남부지방법원 2020.05.27 2019고단6627
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

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

At around 21:55 on April 18, 2019, the Defendant, using a cell phone device with the function of the camera function in the toilet of the first floor of the Gangseo-gu Seoul Metropolitan Government building B in order to see the sides of the victim C (n, 25 years of age), taken the body part of the victim C (n, e.g., the victim’s c., the victim’s c., from August 21, 2018 to April 18, 2019, taken the 41 times in total, such as the list of crimes, and taken the victim’s c.s., the victim’s b., the victim’s b.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. A photo on the scene of occurrence;

1. Seizure records;

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to the investigation report (based on cell phone digital analysis of suspects);

1. Article 14(1) (amended by Act No. 15977, Dec. 18, 2018) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of photographs, such as cameras, etc. after December 18, 2018), the selection of imprisonment for each of the types of imprisonment.

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, 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 the relevant agency is

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