A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 성폭력범죄의 처벌 등에 관한 특례법위반( 카메라 등 이용촬영) 피고인은 2016. 12. 중순경 구미시 B에 있는 상호 불상의 모텔에서, 피해자 C( 여, 47세) 이 샤워를 하는 틈을 타, 피고인의 휴대 전화기를 동영상 기능을 켠 채로 테이블 위에 올려놓고, 피해자의 의사에 반하여 성적 수치심을 유발할 수 있는 피해자와의 성관계 장면을 촬영하였다.

2. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall have the other party reach the other party any words, sounds, letters, pictures, images, or objects that may cause a sense of sexual shame or aversion by telephone, mail, computer or other communications media, with intent to arouse or satisfy his/her or the other party's sexual desire;

A. On December 2016, the Defendant, using the Defendant’s portable phone at an insular location, sent video images, which taken the Defendant’s sexual intercourse with the victim via D Messen, as described in paragraph (1).

B. On July 6, 2017, the Defendant, using the Defendant’s portable phone at a non-displace, sent the video image of which the Defendant recorded the victim’s sexual intercourse, as described in paragraph (1), via D Messen, to the victim.

Accordingly, the Defendant reached the victim two times with a view to meeting his own sexual desire, which causes sexual humiliation through telecommunication media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. D message photographs;

1. Sex-related video CDs transmitted to the victim by the person under consideration;

1. Application of Acts and subordinate statutes to investigation reports (limited to attachment of D message sent by the victim to the victim, and to images sent by the victim to D)

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provision of the Act on Criminal Crimes (a point of view, such as camera, etc.).