성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On December 2, 2015, the Defendant came to know of the Victim C (the 16-year old) attending a high school in the first year of the time using a smartphone-making fishing rink, and conspired with the victim from that time.
The defendant shall keep the victim in custody only once last, and shall keep the victim in custody only once
On May 21, 2016, around 13:22, the defendant's house located in Dongjak-gu Seoul Metropolitan Government D, and the victim set up S5 of the defendant's smartphone in the gallon ju city by using the cresh inside the bath room, and set up the above smartphone as a video camera in the gallon ju city, which is the defendant's smartphone, and made the victim sexual intercourse with the victim from the bath room, and made the victim sexual intercourse with the victim by using the above smartphone's camera function for five minutes.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C (tentative name);
1. A protocol of seizure and a list of seizure;
1. A criminal investigation report (a criminal investigation report relating to the analysis results of digital evidence analysis);
1. Application of Acts and subordinate statutes to data on text of a telephone recording file, files related to the identity of the perpetrator, explanatory materials, and to the closure of text messages;
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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following specific circumstances: (a) the method and mode of the instant crime; (b) the relationship between the Defendant and the victim; (c) the Defendant’s age; (d) the Defendant’s sex; (c) the family environment; and (d) the circumstances before and after the instant crime. The sentence is the same as the order.