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Reasons
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(영문) 수원지방법원 2016.08.25 2016고단3116
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 18, 2016, at around 00:37, the Defendant taken a video image on the part C Station located in Suwon-si, Suwon-si, Suwon-si, with a mobile phone camera in the vicinity of the victim’s growth, from the victim D (n.e., 18 years of age) who is boarding an escalator at his/her place, and with a mobile phone camera in the vicinity of the victim’s growth.

2. On April 20, 2016, the Defendant, at around 00:19, taken a video image of the victim’s mar, using a cell phone camera from the victim’s name in the part C Station located in Suwon-si B, Suwon-si, Suwon-si.

3. On April 20, 2016, the Defendant: (a) taken a screen image of the victim’s franchis, using the cell phone camera, after the victim’s name and the franchis influe, waiting for electric vehicles, at the end of the powder line C in Suwon-si, Suwon-si, Suwon-si, Suwon-si; and (b) after the victim’s cell phone camera, the Defendant took a screen image of the victim’s franchis.

Accordingly, the Defendant taken the body of another person, which could cause sexual humiliation or shame through the cell phone camera over three times as above, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Early investigation report (using and photographing a camera, etc.);

1. Investigation report (this case and the case of checking the images of the crime committed together);

1. Photographs of a criminal video-facule;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are taken into account; however, the Defendant’s mistake reflects his/her depth; and the Defendant is the primary offender.

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