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(영문) 인천지방법원 2015.09.02 2015고단3207
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On March 6, 2015, at around 22:37, the Defendant took a photograph of a female student’s bridge, spaw, etc., on which the name of the front is unknown, using the dynamic image photographing function of the mobile phone apparatus used by the Defendant, while going up the 3 home stairs located at the new end of Guro-gu Seoul, Guro-gu.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the video photographing function of the mobile phone devices against his will.

2. The Defendant, at around 22:41 on the same day as in the preceding paragraph, was waiting for subway at the lower home in the new forestry station, and taken the part of the victim D (the age of 17) who was waiting for subway by taking advantage of the video photographing function of the cellular phone equipment used by the Defendant and waiting for subway.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the video photographing function of the mobile phone devices against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of the Acts and subordinate statutes on the closure of a damaged fluore image and the photograph of an additional fluore image photograph;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for 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 confinement in a workhouse (where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day);

1. The sentence to be suspended under Article 59(1) of the Criminal Act: The reason for the suspended sentence of a fine of KRW 3 million is not excessive.

The defendant recognizes a crime, and seriously reflects such terms as an agreement with a specific victim, and the victim does not want the punishment of the defendant.

The Defendant commits any crime.

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