성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for not less than eight months.
To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.
Punishment of the crime
The defendant is a victim B (n, 28 years of age) and a person who was a worker.
1. On August 29, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amerasa, Use and Screening of Cameras, etc.) by photographing the Defendant’s mobile phone in the “D” located in Daegu Northern-gu C, Daegu-gu, Daegu-gu, and recorded the Defendant’s mobile phone images of a sexual relationship with the victim.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.
2. Around 17:00 on January 17, 2020, the Defendant allowed the victim’s male-friendly job offering F to transmit a sexually related video recorded as described in paragraph (1) to F’s cell phone using the Defendant’s cell phone Kakaox, which was installed in the Defendant’s cell phone, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamerla, etc.).
Accordingly, the defendant provided a third party with photographs taken against the victim's body against his will, which could cause sexual humiliation or shame.
Summary of Evidence
1. Statement by the defendant in court;
1. The protocol of seizure and the list of seizure of each police record against B and F;
1. Investigation reports (a statement of processing the 112 Reporting Cases and attaching a recording file), and the application of Acts and subordinate statutes to investigation reports (a statement of reference);
1. Articles 14(1) (a) and 14(2) (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), and
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); and Article 2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse;