성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment with prison labor for up to six 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
1. On November 15, 2019, at around 12:30 on November 15, 2019, the Defendant taken a photo of the victims who suffered school uniforms using the cell phone camera function on the lower side of the victim D (name, fin, 17 years old), E (name, fin, 18 years old) and E (name, fin, fin, 18 years old).
Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame at the same time against their will.
2. On November 15, 2019, at around 18:30 on November 15, 2019, the Defendant posted photographs and videos taken at the home of the Defendant F and the Defendant’s home, as described in paragraph 1, to “Personal Media Platform”, a social media platform that allows the sharing of photographs and videos.
Accordingly, the defendant distributed photographs taken at the same time against his will, which could cause sexual humiliation or shame.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Seizure records;
1. Application of the photographic Acts and subordinate statutes to the victim's back habits after the victim taken a photo;
1. Article 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply) concerning criminal facts under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of body shooting against the will of a person subject to filming), Article 14 (2) and (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of distributing body shooting taken against the will
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) shall be imposed on the crimes committed against the will of each person subject to shooting, in violation of the provisions of Article 40 and Article 50 of the same Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of taking photographs of Cameras, etc.) due to taking photographs against a will of a person subject to shooting, and the distribution of taken photographs against his will