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(영문) 수원지방법원 성남지원 2015.02.11 2014고단3156
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 May 28, 2014, at around 18:42, the Defendant took a photograph of the bridge on which the human body of the unexploded female victim was revealed, using the mobile phone camera recording function of the cellular phone images carried by the Defendant.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the above mobile phone camera function against the victim's will.

2. On August 29, 2014, around 19:32, the Defendant taken the front side of a bridge where the victim B (V, 22 years of age) suffered satisf by using the cell phone image shooting function of the cellular phone operator, which was carried out through the subway 2-line subway station located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and the Defendant had taken the front side of a bridge where the victim B (V, 22 years of age) was turned out.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the above mobile phone camera function against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Police seizure records;

1. Answers on results of digital evidence analysis;

1. Application of photographic Acts and subordinate statutes after closure;

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

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 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. Where a conviction against the criminal facts indicated in the judgment against the defendant who has registered personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the head of a police office having jurisdiction over his/her domicile pursuant to

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