성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On November 4, 2015, the Defendant: (a) taken a step-off of the body part of a female in the name of the victim, who was on board an escalator using the Defendant’s mobile phone camera function, and was on board an escalator in the open-gu of No. 7 of the subway line B located in Jung-gu, Seoul; and (b) taken a step-off of the body part of the victim’s name, who was on the part of the Defendant.
2. On November 11, 2015, the Defendant: (a) around the subway station E Station Station in Gwangjin-gu Seoul Special Metropolitan City, the Defendant 7, using the Defendant’s mobile phone camera function, taken photographs of the victim’s body part in the victim’s name unexplodedd.
Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using the cell phone camera function against his will.
Summary of Evidence
1. Partial statement of the defendant;
1. The criminal place;
1. Investigation report ( Results of digital siren analysis);
1. As to the report of investigation (as to the specified date of the offense)
1. The record of seizure and the list of seizure [the defendant and his/her defense counsel have taken pictures of each kind of crime, but the above pictures do not take the body of a person who may cause sexual humiliation or sense of shame. However, according to the evidence mentioned earlier, the defendant taken pictures by emphasizing only the body of the victims after the victim waiting for an elevator at the subway Escoper or subway platform. The victims of the above pictures can be acknowledged as being exposed to buckbucks and sprinks in the state where all the victims were waiting for an elevator. The victim's clothes and degree of exposure, the circumstances leading up to the victim's intent and exposure, degree and distance of photographing, the image of the taken original board, the image of the taken body parts, and whether the body parts were specific (see, e.g., Supreme Court Decision 2013Do819, Feb. 27, 2014).