성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On October 29, 2018, at around 21:41, the Defendant taken photographs of the Defendant’s smartphone camera shooting function without the consent of the victim, including the victim D (ma, 23 years of age), who is in order to show shower her body in the C University male dormitory in Kimcheon-si B, Kimcheon-si.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Some statements entered in the suspect examination protocol of the accused by the prosecution;
1. A victim's photograph and closure photograph;
1. Application of Acts and subordinate statutes to a notice of the results of a draft physical examination;
1. Article 14(1) of the Act on Special Cases Concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “Sexual Crimes Punishment Act”) and the selection of fines for criminal facts
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the Act on Welfare of Persons with Disabilities, a summary of the argument on the assertion of the Defendant and his/her defense counsel does not fall under the body part causing sexual humiliation, and the Defendant taken pictures with the consent of the
Judgment
Other persons who may cause sexual humiliation or shame using camera or other similar devices and devices which can cause sexual humiliation or sense of shame.