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Reasons
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(영문) 서울북부지방법원 2015.10.08 2015고단2494
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On November 5, 2014, at around 08:58, the Defendant taken pictures of the victim’s body, using a smartphone camera, which had a part of the body part of the body part of the victim’s name in the upper part of the upper part of the lower part of the victim’s name, who was being loaded with the Defendant’s stairs 5, 8, and 97 located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, taking pictures of the victim’s body, which could cause a sense of sexual humiliation by using a camera, against his/her will.

2. On June 5, 2015, at around 09:06, the Defendant taken pictures of the victim’s body against his/her will, using a smartphone camera that had the upper part of the victim’s name and the upper part of the upper part of the body (e.g., age) of the lower part of the lower part of the victim’s name and the lower part of the lower part of the body of the victim, who was listed in the Defendant’s stairs for transfer of the said subway Nos. 5 and 8, against his/her will, thereby causing sexual humiliation using the camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of photographing each kind of crime and the choice of each fine);

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

1. Articles 70 (1) and 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;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, in light of the following factors: (a) recognition of the sentence to be imposed in consideration of the Defendant’s age, character and conduct, intelligence and environment; (b) motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., of the same type of criminal records having no previous criminal record (a fine of two million won in 2012); and (d) recognition of the victim’s sexual humiliation, etc., it appears that the victim was suffering from fear of sexual humiliation; (b) although the victim was incompetuated, the registration of personal information has been made even if the victim was not injured,

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