성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
1. Defendant shall be punished by a fine of KRW 7,500,000;
2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,
Punishment of the crime
1. On December 8, 2013, around 03:48, the Defendant provided E with the Defendant’s home of Eunpyeong-gu Seoul Metropolitan Government D building 104 1003 dong 104 dong 1003, a sexual intercourse with a female on the victim’s name, the name of which is unknown, and then sent the Defendant’s photograph photograph taken over the victim’s back habits using the Defendant’s mobile phone equipment (Evidence 4) to E against the victim’s will.
2. At around 05:07 on December 10, 2013, the Defendant sent pictures to E using the aforementioned mobile phone device against the victim’s will, after having sexual intercourse with the victim’s name in which the name is unknown, and after having sexual intercourse with the victim’s name in which the name is unknown, the Defendant sent the pictures to E using the mobile phone device of the victim.
Summary of Evidence
Each fact in the judgment
1. Statement to the effect that the defendant sent to E photographs taken by the victims' body at each time and place in the ruling at each time and place;
1. Statement to the effect that, among the suspect examination records of the accused prepared by the public prosecutor, it is not memory that the victims have consented when transmitting photographs taken of their body;
1. Statement to the effect that a cellular phone recorded in a seizure protocol prepared by a senior judicial police officer has been seized from a defendant;
1. Since each film, etc. of a photograph printed output can be recognized, all of the proof can be given.
Defendant
The defense counsel asserts that since the victims did not oppose the transmission of photographs at the time, the defendant did not offer photographs to others against the will of the victims.
In light of the following facts recognized by the above evidence, the victims can not be seen as having actively consented to the shooting of the victims because the photographs taken are shot or faceed.