성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
From March 2014 to November 2014, the Defendant was in conflict with the victim D (V, 28 years of age).
1. On November 20, 2014, the Defendant: (a) at the victim’s house located in Suwon-si E, Suwon-si, the Defendant was in possession of the telegraph of the victim who was in a brue while drinking alcohol and returning home, and was in possession of the telegraph of the victim who was in a brue.
When gallon, photographs were taken using a camera installed in the telephone machine with S4 U.S. mobile phone.
2. On November 20, 2014, at the same place as, around 01:08, the Defendant sent to F, using the Kakao Stockholm app, a motion picture of the victim taken, such as Paragraph 1, using the Kakao app, stored in the said portable phone.
Accordingly, the Defendant took photographs of another person's body, which could cause sexual humiliation or shame, against his will, using a camera or other similar mechanism, and provided a third party with the taken object.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the Acts and subordinate statutes governing victim photograph photographs and the defendant's and F Kakao Stockholm dialogue;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Ordering the Defendant appears to have committed the instant crime in depth after the instant crime was committed, and the Defendant’s parents and siblings wanted the Defendant’s prior wife.
In addition, the Defendant is an initial offender who had no record of criminal punishment prior to the instant case, and is a relatively old young person who is 23 years of age.
However, the Defendant took a photograph of the victim’s telegraphic body photograph without the consent of the victim, and then took such a photograph with the victim’s consent as if he were to delete it at the victim’s request, and sent F the above photograph to F.