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(영문) 서울남부지방법원 2017.09.15 2017고단3018
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Criminal facts

On January 5, 2017, at around 15:26, the Defendant: (a) taken the Defendant’s mobile phone ( Samsung Ggallon No. 5, No. 1) with the Defendant’s mobile phone (Tallon No. 5, Samsung Ggallon) to have sexual intercourse with the victim E (Wol, 37 years of age, Ga) on the body; (b) taken the Defendant’s cell phone, and posted a photograph of the video taken as above on the “F” on March 14, 2017.

As a result, the defendant taken another person's body, which may cause sexual humiliation or shame by using a mobile phone camera, against his will, and distributed or openly displayed the taken objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A police investigation report (to be accompanied by a sign-up of the victim and a screen run) and each photograph;

1. In the case of seized Samsung Tallon (No. 1) Acts and subordinate statutes, 5 No. 5

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Aggravated Punishment, Etc. of Specific Crimes (the occupation of photographing a camera and the choice of fines), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence (the occupation of exhibiting objects and the selection of fines);

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 crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not good in light of the motive, attitude, etc. of the crime of this case, and the victim appears to have suffered considerable mental pain and sexual humiliation due to the crime of this case, the defendant's liability is not less light.

However, all of the crimes of this case are committed by the defendant against the mistake, and the face of the victim is not revealed in the photographs posted by the defendant, so there is little possibility that the identity of the victim can be confirmed.

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