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(영문) 대구지방법원 포항지원 2017.06.08 2017고단397
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

The defendant from the end of August 2016 to the same year.

9. The first police officer set his smartphones into a video screen in the guest room near the Seo-gu Incheon, Seo-gu, Incheon, and set up his smartphones in the front telephones, set up his own smartphones in the front line with the Defendant, and she was off and covered by the nives, after completing a sexual relationship with the Defendant, and taken a video image of the victim C (the victim 43 years of age) on three occasions by moving the nives to the lower body of the damaged person, and then she was located in the victim’s smartphones.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of the Acts and subordinate statutes of a response request for digital evidence analysis;

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

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, family environment and social relationship, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to such disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of the protection of the victims, etc. in full view of the following:

Since it is judged, an order to disclose or notify the defendant.

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