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(영문) 서울중앙지방법원 2019.05.03 2019고단1197
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of seven million won.

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

Reasons

Criminal facts

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

1. From around 00:00 on August 2, 2018, the Defendant taken approximately KRW 20 to 30 minutes of a sexually related image with the victim C (a family name, female name, and female) in Seocho-gu Seoul Metropolitan Government’s non-explosive telescopes around the next day without the victim’s consent.

2. On August 12, 2018, at around 00:35, the Defendant taken up approximately one-hour images of sexual intercourse with the victim, without the consent of the victim, in the Seocho-gu Seoul Metropolitan Government D building and the Defendant’s dwelling place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of one (No. 1) statute to the seized mobile phone (opon SE) ;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018) and the selection of fines, respectively, for the pertinent provision on criminal facts and for the selection of punishment of sexual crimes;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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 of the order of provisional payment is not good in light of the background and content of the instant crime and the method of the commission of the crime, and the victim seems to have been suffering from considerable damage by the instant crime. Nevertheless, taking account of the fact that the Defendant did not receive a letter from the victim, the Defendant’s liability for the crime is not easy.

However, the defendant reflects his mistake, the defendant deposited KRW 20 million to the victim for the recovery of damage, the first offender, the defendant's age, character and conduct, and environment, and all of the sentencing conditions specified in the records and arguments of this case shall be determined as ordered.

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