성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A fine of two million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
1. On August 30, 2013, at around 00:12, the Defendant took a video image of a female victim’s bridge against the victim’s will, on which it is impossible to identify the name of the female victim on the crosswalk 20, the name of which was sent on the crosswalk 1 using the subway No. 1 in Dobong-gu Seoul Metropolitan Government, the subway No. 1, and the camera located on the ELS mobile phone;
2. At around 07:00 on the same day, the Defendant boards the electric vehicle of which the Seoul subway number is not known in the Dobongsan Station located in Dobong-dong 363, Dobong-gu, Dobong-gu, Seoul, and:
(a)at around 07:08 on the same day, in the event that the foregoing electric train passes through the Changdong Station, screen pictures are taken against the victim’s will by means of paragraph (1) of this Article, of a 20th female victim’s bridge whose name cannot be known in the preceding vehicle by suffering a short chromatic pattern;
(b)at around 07:16 on the same day, screen pictures taken by the 20th female victims against the victim's will, in the same manner as paragraph (1), in which it is impossible to identify the names of the said female victims within the said dynamics by suffering a short yellow flash;
(c) At around 07:46 on the same day, the above electric dynamics followed by viewing lines from the angle of the earth, with a short white flaps, taken the dynamics of the victim B (n, 27 years old) in the front line, and taken the dynamics against the victim's will.
Accordingly, the defendant taken four times against his will another person's body, which could cause sexual humiliation or shame by using a camera, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. Application of the Acts and subordinate statutes to photograph the suspect's cell phone or video-fashion;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, and selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334(1) of the Criminal Procedure Act, which provides for an order of provisional payment.