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(영문) 부산지방법원 서부지원 2018.02.20 2017고단1737
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 2017, the Defendant taken a photograph of the victim’s rear fluorial behavior, where the victim D was in possession of smartphones without the victim’s permission by using the cell phone camera function of the cell phone in possession of the victim without the victim’s permission, in the middle of 12:00 in order to the end of 12:00 in order to the end of June 2017.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On June 20, 2017, the Defendant threatened the victim by transmitting the victim’s body photo taken under the above paragraph 1 to E and showing the victim’s body photo to E and the victim’s body photo to the victim, on the ground that the victim did not take another male and do not take the Defendant at a non-finite place on June 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to conversation);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283(1) (a) of the Criminal Act, and the selection of fines for the crimes;

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

1. If a conviction is finalized against a crime violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Judgment on the Obligation to Register and Submit Personal Information under Article 334(1) of the Criminal Procedure Act (hereinafter “Aggravated Punishment Act”), the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Defendant is subject to registration of personal information under Article 43 of the same

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