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Reasons
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(영문) 서울중앙지방법원 2016.09.23 2016고단4827
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On June 14, 2015, the Defendant, at around 02:51, 2015, recorded the victim C (the 23 years old) who was in a sexual relationship with the Defendant by setting up a telephone device, which had worked as a camera at the bed room of the Defendant’s residence in Gangnam-gu Seoul Metropolitan Government Dtel 1719, on the part of the Defendant, and was in a sexual relationship with the Defendant on the part of the victim C (the 23 years old).

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

2. On June 18, 2015, around 04:31, 2015, the Defendant, who committed the crime against the victim E, was in a relationship with the victim E (V, 22 years of age) with the Defendant by installing a telephone camera function at the bed room at the bed room of the above Defendant’s residence, and took a visual image of the victim’s sexual intercourse with the Defendant.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's office (public prosecutor's agency) of E and C and police statement protocol (excluding the second police statement protocol againstC);

1. A protocol of seizure and a list of seizure;

1. Escopic photographs of sexually related video images with the victims;

1. Application of the Acts and subordinate statutes on video CDs to the sexual intercourse with the victims;

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows, the relationship between the defendant and the victims, and the defendant.

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