성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On May 18, 2017, the Defendant found that the subway No. 1 E No. 3 of subway No. 17:39 in Guro-gu Seoul Metropolitan Government, and the victim F (n.e., age 19) walked, the Defendant taken the victim’s her her her her her her her her her her her her her her her her her her her her her her her her herstm and the her her her bridge
Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame on the defendant's cell phone camera against his will.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with regard to F;
1. Seizure records;
1. Application of the Acts and subordinate statutes to video CDs and investigative reports (a photograph to photographe images);
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant and his defense counsel asserted that there was no intention to commit the instant crime, and the defendant taken a large number of personal waves, which had been getting out of stairs for the purpose of the university task at the time, and the victim's back habits is included in video. Thus, the defendant did not have intention to commit the instant crime.
However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, video CDs (up to 86 pages of investigation records), the Defendant, following the victim’s behind the victim at the time, consistently taken the back habits of the victim between about 10 seconds, in particular, the victim’s hump, tump, and the bridge part, and ② The place of filming at the time is the place where the victim passed through the subway route.