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(영문) 부산지방법원 2017.01.18 2016고단5967
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, on August 8, 2016, at the subway E platform located in Busan, Busan, Busan, on the part of the defendant's cell phone camera, the defendant taken pictures of the victim's name-free women who suffered a short flock with a white flock, extended the part of the female's bridge in the victim's name unflocked flock, extended the part of the victim's flock in red flock, and expanded the part of the victim's name unflockd.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the suspect's mobile phone storage photographs, cell phone photographs, seizure records (voluntary submission), list of seizure, voluntary submission, results of digital evidence analysis, results of digital evidence analysis, and photographs of suspect cell phones storage;

1. Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes;

1. Selection of each alternative fine for punishment (the defendant reflects the depth of the crime);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In a case where a conviction against the accused is finalized on the facts constituting a sex crime subject to registration, which is subject to the obligation to register and register personal information under Article 334(1) of the Criminal Procedure Act, the accused becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is accordingly Article 43 of the same Act.

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