성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, against the latter's will, using a camera or similar mechanism, or distribute, sell, lease, provide, or openly exhibit or screen the taken objects in question against the latter's will.
1. Nevertheless, on May 26, 2017, the Defendant took photographs against the victim’s will at a 'C' 'C' room located in Seongbuk-gu, Sungnam-si, Sungnam-si, on May 26, 2017, in which the Defendant used the photographs function of Samsung 8 mobile phones owned by the Defendant, and taken the front body including the victim’s chest, etc. against the victim’s will against his/her nameless merchant, and the victim’s her her her son on twice.
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.
2. On May 27, 2017, the Defendant distributed photographs to the Defendant’s residence located in Sung-nam City D, 707, and connected the Defendant’s ID to “E”, an Internet site, by using a computer located therein, and displayed the Defendant’s body pictures taken as described in paragraph 1 and displayed them to the public.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. Application of Acts and subordinate statutes to report internal investigation (a notice showing suspicion of using camera, etc.);
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Each of the crimes of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act refers to the Defendant’s taking pictures of women’s body, etc. after posting them on the Internet site.