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(영문) 창원지방법원 통영지원 2016.10.28 2016고단890
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 22, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “D”), taken pictures of the victim E (the age of 40) who was divingd by the Defendant’s sexual intercourse with the Defendant at “D,” located near Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, using his mobile phone around February 4, 2016.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. Around 10:30 on February 8, 2016, the Defendant posted the victim’s balone photo using the Defendant’s cell phone to “G”, a mobile balone, on the ground that the Defendant, at the Defendant’s home located in Gyeong-gun F, Jinnam-gun, the victim took the balone, and avoided the Defendant’s contact.

Accordingly, the Defendant displayed the body photographs of the victim openly against the victim's will.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Statement to E by the police;

1. Each report on investigation;

1. The application of Acts and subordinate statutes to each photograph, G proton, and the method of modification;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of

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