성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
At around 00:20 on February 16, 2015, the Defendant took a photograph of the victim D (n, 26 years of age) and sound body pictures, which were drunkly drunk, using the Defendant’s smartphone camera in which the Defendant’s smartphone was installed, and sent the Defendant’s friendship E and five persons other than the Defendant’s friendship email.
Accordingly, the defendant taken photographs of another person's body, which might cause sexual humiliation or shame, against his will, using a camera, and distributed the photographs.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement concerning D;
1. Police seizure records;
1. The victim's DNA photo;
1. The defendant's digital analysis Kakakao Stockholm conversation
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. There are circumstances under which the Defendant’s reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order the Defendant has to waive his/her blue with the instant case’s blue with his/her efforts made during several years, and the Defendant appears to have repented his/her criminal act after the instant crime was committed, and the parents and relatives of the Defendant wanted to have the Defendant’s bluely blue.
In addition, the defendant has no record of criminal punishment except a fine of KRW 4 million due to a violation of the Road Traffic Act in 2014.
However, on the first day of the first day when the defendant introduced the victim from his relative-gu and drinking the victim, and the victim was not able to take the amount of personnel difficulties in drinking, making a photograph of the victim's body, sound, etc. after having sexual intercourse with the victim, and then spreading the photograph to his relative.