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Reasons
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(영문) 서울동부지방법원 2014.04.25 2013고단2984
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On February 2, 2013, the Defendant: (a) at a Macheon-dong, Songpa-gu, Seoul around 09:00, the name of the trade name was unknown; (b) at the 20th latter female victim with a sexual intercourse with the victim of smartphone display; and (c) taken the victim’s personal body by a mobile phone camera, in which the victim was in possession of a cresh in which he was in possession of the cresh that he was in possession of the body.

The Defendant taken the body of the victim, who could cause sexual humiliation or shame, using a camera or similar mechanism, against his will.

2. On February 28, 2013: (a) around 13:32, the Defendant posted the Defendant’s photograph of a female victim, who was exposed to the Defendant’s house of Songpa-gu Seoul Metropolitan Government D apartment 2 and 503, by using a computer, to the “E” camera on the Internet site using a computer, and on the bulletin board of the said Kapet board, the name of the victim’s name cannot be known, as described in the preceding paragraph.

The Defendant, using such devices as camera or similar devices, openly displayed pictures taken of the body of the victim, which may cause sexual humiliation or humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the instant crime was committed not only by the victim’s body but also by openly displaying the photograph taken on the Internet website, and the nature of the crime is disadvantageous to the Defendant.

On the other hand, the defendant committed the crime of this case.

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