성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for two years.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
The defendant and the victim B (the 18-19 years of age at the time of this case, the 18-19 years of age at the time of this case) are the gap between the defendant and the victim from February 2015 to December 2 of the same year.
On August 28, 2015, while the Defendant had sexual intercourse with the victim at around 5 minutes of the face and body of the victim using his mobile phone after obtaining the consent of the victim, the Defendant taken the sexual dynamics of about 5 minutes and 56 seconds of the victim’s face and body revealed by using his mobile phone, and taken the sexual dynamics of about 3 minutes and 32 seconds of the same method by obtaining the consent of the victim while having sexual intercourse with the victim in the DVD located around the DaV basin in Gangdong-gu Seoul Metropolitan Government on October of the same year.
No one shall photograph another person's body, which may cause any sexual humiliation or sense of shame, by using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or screen such photographed objects against the latter's will, and even if the photographed objects do not go against the will of the person subject to shooting at the time of shooting, no person shall distribute, sell, lease, provide, or openly exhibit or show them against the latter's will.
Nevertheless, on August 28, 2015, the Defendant posted the sexually related video images taken around around October 2015, 2015, which were taken on the Internet Internet site D using a scke computer in the Hocheon-si, Sincheon-si, the residence of the Defendant, by using a scke computer, and on August 28, 2015, the Defendant posted the sexually related video images taken around around October 2015.
Accordingly, the Defendant displayed video images taken by the victim’s body, which could cause a sense of sexual humiliation, openly against the victim’s will.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes after the closure of the D screen (13 pages of evidence, 125 pages);
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;