성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 12, 2011, the Defendant, as an amateur photographer, concluded a model contract with the victim E (the age of 32) to take pictures from D hotel located in Mapo-gu Seoul Metropolitan Government around August 12, 201, and taken the victim's nud photograph in a camera.
Nevertheless, the Defendant, at the Defendant’s house located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on 2014, intended to share a nudrid file with G, each of which is marked by amateur photographer G, and provided the victim’s nudrid file to G.
Accordingly, the Defendant provided G with photographing the body of the victim who could cause sexual humiliation or shame by using a camera, against the will of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of a part of the prosecution against the defendant or G;
1. A protocol concerning the examination of suspect of H with respect to the police;
1. Statement made to the victim or I by the police;
1. A written petition;
1. Application of Acts and subordinate statutes governing nudity photographs;
1. Article 14 (2) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
The judgment that is a sex offense subject to registration and submission of new information is judged.