성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendants shall be punished by imprisonment for six months.
However, from the date of the final judgment of this case, each of the above two years against the Defendants.
Punishment of the crime
No photograph shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or show the photographed materials to the public.
1. Defendant A
A. On January 2015, the Defendant taken photographs against his will, using the Kamera function of smartphones (ELS LTE2) possessed at Helel located in Gangnam-gu Seoul, Gangnam-gu, Seoul. The Defendant taken pictures of the victim I (n) of the victim I (n) using the Kamera function of LTE2.
B. On January 1, 2015, the Defendant openly displayed the victim’s photograph taken as described in paragraph (a) against the victim’s will, and against the victim’s will, displayed the victim’s photograph openly.
2. Defendant B
A. On March 23, 2017, at around 00:15, the Defendant displayed a photograph taken by A as referred to in paragraph 1-A on his/her own smartphone gallon, with a picture displayed openly against the victim’s will, on the basis of the picture displayed in his/her own gallon gallon.
B. On April 28, 2017, at around 23:50 (a) around April 28, 2017, the Defendant displayed the victim’s photograph openly against the victim’s will and against the victim’s will.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made to I by the police;
1. Application of Acts and subordinate statutes to report internal investigation (attaching the contents of J letters);
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Defendants’ Selection of Punishment: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;
1. Defendants on probation: Article 62(1) of the Criminal Act
1. Defendants who attend lectures: The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Defendants exempted from disclosure order and notification order: Articles 47(1) and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.