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Reasons
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(영문) 서울동부지방법원 2016.01.15 2015고단3197
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On August 21, 2015, around 16:51, the Defendant taken pictures of the victim’s body that could cause sexual humiliation or shame by photographing the body of the victim’s victim, who was not his/her name, using the cell camera function of the mobile phone camera, used by the Defendant in the subway C, which is located in Gangdong-gu Seoul Metropolitan Government, in front of the Defendant, using his/her cell camera function.

2. On August 23, 2015, around 17:47, the Defendant taken the victim’s body by photographing the front side of the bridge of the victim F (V, 23 years old) against the victim’s will to cause sexual humiliation or sense of shame. On the other hand, the Defendant taken the victim’s body by photographing the front side of the bridge of the victim F (V, 23 years old) in the subway E line located in Gwangjin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Application of Acts and subordinate statutes to photographs of victims taken with motion pictures;

1. Article 14 (1) 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that it appears that the victims would have received considerable mental impulses by photographing twice the legs of female victims who might cause a sense of sexual shame, and that the victims did not receive a letter from the victims, and that the Defendant committed the instant crime without being aware of the fact that the Defendant committed the instant crime even after having been sentenced to imprisonment for a year and six months due to the theft crime.

However, the defendant committed the crime of this case.

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