성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The Defendant is a victim B (n, 26 years of age) and a person who attended from September 2017 to November 201 of the same year.
1. On September 16, 2017, around 10:00 on September 16, 2017, the Defendant had sexual intercourse with the victim in Songpa-gu Seoul at around 10:0-11:00 on September 16, 2017, and was taken by the Defendant’s cell phone camera with the Defendant’s cell phone camera with his/her clothes put under his/her her seat and put the clothes up to his/her face to his/her face.
Accordingly, the Defendant taken the body parts of the victim, which may cause sexual humiliation or aversion, using carmera or other similar devices, against his will.
2. On September 30, 2017, around 02:02:00-04:00 on September 30, 2017, the Defendant: (a) taken photographs of the victim’s mobile phone camera and vice-defluor photograph from the Defendant’s cell phone camera, who was diving at the bed while under the influence of alcohol at the near Gwanak-gu Seoul Special Metropolitan City E-gu, on the part of the victim at around September 30, 2017.
Accordingly, the Defendant taken the body parts of the victim, which may cause sexual humiliation or aversion, using carmera or other similar devices, against his will.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. Seizure records;
1. An investigation report (F telephone conversations for reference), an investigation report (Attachment of CDs by mobile phones), and an investigation report (report accompanied by printed copies of images of the victim);
1. Details of G dialogue between the victim and F on December 3, 2017 to December 13, 2017
1. The Defendant and the defense counsel related to criminal facts alleged that the victim consented at the time of photographing each of the instant pictures.
On the other hand, according to the G dialogue between the victim and F, according to the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the victim seems to have become aware of the fact that he had taken pictures from a third party at the party room, and the defendant taken on September 30, 2017.