A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2017. 5. 6. 01:00 경 부산 동래구 D, 2 층에 있는 ‘E' 주점의 남녀 공용 화장실 남자 칸에서 카메라가 내장된 자신의 휴대폰을 바로 옆에 있던 여자 칸 뒤쪽 틈 사이로 집어넣어 용변을 보는 피해자 F( 여, 26세) 을 촬영하려 다 피고인의 행위를 눈치 챈 피해 자가 소리를 질러 그 뜻을 이루지 못하였다.

As a result, the defendant was aware of the body of the victim who could cause sexual humiliation or shame by using a camera, and did not commit it against his will and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. 112 Report processing table, seizure protocol (voluntary submission), list of seizure, digital evidence analysis report, internal investigation report (on-site verification, etc. of the case), investigation report [Attachment of the photograph deleted by the personal phone] asserted to the effect that the Defendant did not have intended to photograph the victim’s photograph by keeping the victim’s photograph out of the toilet crepan, but the Defendant’s cell phone was a space where the Defendant’s cell phone crepan in the toilet crepan in which the Defendant and the victim used was a space where the Defendant’s cell phone crepan in the toilet crepan in which the victim could sufficiently pass, and the victim clearly concealed the victim’s cell phone crepan in the above crepan, and confirmed the victim’s image in the crepane of the mobile phone crepan.

In light of the fact that the defendant's statement and the defendant's mobile phone analysis showed that the above toilet crepans were recorded, etc., it is difficult to accept the defendant's argument.

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Special cases concerning the punishment, etc. of sexual assault crimes;