성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. 카메라 등 이용촬영 범행 피고인은 2013. 6. 일자미상경 강원 횡성군 C에 있는 D호텔의 호실을 알 수 없는 객실에서, 소지하고 있던 피고인의 휴대폰을 피해자 E(여, 45세) 몰래 그곳 침대 맞은편 화장대에 세워 놓고 위 휴대폰의 동영상 촬영기능을 켠 다음, 피해자와 성관계를 하는 장면을 동영상 촬영하였다.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against his will.
2. On June 2013, the Defendant: (a) taken photographs as above and transmitted three photographs to the victim’s sexual intercourses from among the video images kept in the Defendant’s cell phone, which were sent twice through F’s cell phone.
Accordingly, the defendant provided the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. A written statement;
1. Application of Acts and subordinate statutes to a complaint (including photographs attached thereto);
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes and Selection of Punishment Thereof;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information
disclosure order; or