beta
(영문) 제주지방법원 2015.09.09 2015고단880

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 24, 2015, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) and committed commercial sex acts by giving 200,000 won in cash to E (the age of 19) from 208 DNA, which is located in Jeju around 02:0 to E (the age of 19) with the price for commercial sex acts, and by performing commercial sex acts once with such female.

2. Around February 24, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), taken pictures of the Defendant’s sexual intercourse with the victim E by using the Defendant’s mobile phone recording function of the victim’s cell phone image to have sexual intercourse with the victim without the consent of the victim.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Relevant photographs;

1. 112 Reporting case management table;

1. Application of the USB Acts and subordinate statutes;

1. Relevant Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Crimes, Etc., Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively, concerning the punishment, etc. of sexual crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The circumstances that are favorable for the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following circumstances: The fact of the crime is recognized and reflected, the photographed is not distributed (the victim reported to the police on the day of the instant case to the police, and the Defendant voluntarily submitted the aforementioned mobile phone to the police and seized it), and the circumstances that there is no record of criminal punishment heavier than punishment or fine: sexual traffic is committed.