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(영문) 대전지방법원 천안지원 2016.09.23 2016고단1221
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 2013, the Defendant and the victim B (the name, female, and 53 years old) obtained through the Internet CKalet. On August 8, 2013, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame, using the Defendant’s cell phone camera function, in a sexual intercourse with the said victim at a hotel room located in Seongdong-gu Seoul. On August 2013, 2013. The Defendant taken the body of another person, who might cause sexual humiliation or sense of shame, using the Defendant’s cell phone camera function.

2. On April 2014, the Defendant and the Victim F (the age of 57) of the Defendant and the Victim F (the age of 57) obtained through the Internet CKaf.

On April 2014, the Defendant taken the body of another person against his will, while having sexual intercourse with the said victim, taking a h’s cell phone image by using the Defendant’s cell phone camera function, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B (tentative name) and F (tentative name);

1. Application of the video CD-related Acts and subordinate statutes

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the crime of this case is deemed to have been recorded without the consent of the victims, and a conviction becomes final and conclusive as to the crime of this case subject to the registration of personal information in consideration of the following: (a) the crime of this case is not deemed to have been recorded in the body part of the victim without the consent of the victims; (b) the time of the crime is committing a crime; (c) the victim F does not have the same record; (d) the victim F does not want the criminal punishment; and (e) the photographed video is deemed

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