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(영문) 울산지방법원 2017.05.25 2016고단4238
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 18, 2016, the Defendant, at the Defendant’s house located in Ulsan-gu, Ulsan-gu, U.S., in order to have the victim D (Woo, 36 years of age) photograph dynamics with the victim’s sexual intercourse, and had the victim play the camera function of his mobile phone, and installed it on the part of the victim’s cell phone at the seat, and took the screen image of the victim’s sexual intercourse with the victim.

The Defendant taken photographs of another person’s body, which may cause sexual humiliation or sense of shame, using the camera function as above, against his will.

2. From the same day as Paragraph 1, the Defendant, one week after the date set forth in Paragraph 1, tried to take a video image of the pages of the sexual intercourse with the said victim at the same place as Paragraph 1, and taken a video image of the name of the head of the sexual intercourse with the victim using a video camera installed on the computer.

The Defendant taken photographs of another person’s body, which may cause sexual humiliation or sense of shame, using the camera function as above, against his will.

3. The Defendant, at around 01:00 on September 14, 2016, had a motion picture with the victim’s sexual intercourse E while drinking the same male and female sex E and drinking at the same place as that of paragraph (1).

E sent the video in order to verify it.

The video was sent to E through the defective F.

The Defendant provided the video images taken against another person’s will to E as such.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to investigation reports (including attachment of printed materials of criminal motion pictures);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and selection of

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 62(1) of the Criminal Act 1.

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