A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2020. 4. 20. 17:18 경 성남시 분당구 B에 있는 헬스클럽에서 피해자 C( 가명, 여, 22세) 가 레깅스를 입은 상태로 하체 운동을 하고 있는 모습을 보고 소지하고 있던 휴대 전화의 사진촬영 기능을 켠 후 피해자의 음부 부위를 확대하여 촬영하였다.

Accordingly, the defendant taken the body of a person who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

Summary of Evidence

1. A written statement prepared by the defendant in his/her legal statement C (tentative name) with D as a witness;

1. Application of the statutes on seizure records and CCTV images CDs in seizure list;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); the selection of a sentence of imprisonment, etc.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. When a conviction on the facts constituting a sex crime subject to registration and submission of personal information under Article 48(1)1 of the Criminal Act is finalized, 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 obliged to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be applied in full consideration of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, anticipated side effects of the Defendant’s disadvantage due to the disclosure and notification order, the prevention of sex crimes that may be achieved therefrom, and the effect of protecting the victims.