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(영문) 대구지방법원 서부지원 2019.05.09 2018고정9
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 2017, the Defendant visited the Internet file sharing site at a PC room in Daegu and lower Daegu, and downloaded “B” video files.

The foregoing file is a visual image that the victim and female-friendly body have been exposed to the IP camera installed in the place of residence of the victim C without permission and that the victim and female-friendly body have sexual intercoursed with the body.

On July 23, 2017, when the Defendant kept the foregoing video files, the Defendant connected the said video files to “D” from the PC room in Daegu or lower level, and distributed the said video files to many unspecified and unspecified persons using the same program.

Accordingly, the Defendant provided an unspecified person with pictures taken against his will by using mechanical devices such as a camera, which could cause sexual humiliation or sense of shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police against C (Evidence records 131 et al.);

1. Application of Acts and subordinate statutes to a criminal report (including 65 display of obscene motion pictures and the results of response by adarity);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) and the selection of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (where a sentence of a fine is imposed on a person who commits a sexual crime, order to complete program shall be imposed in principle: Provided, That in a case where only the defendant requests formal trial, a sentence of a kind heavier than that imposed by the summary order shall not be imposed (Article 457-2 (1) of the Criminal Procedure Act), and it is reasonable to view that there are special circumstances in which order to complete program cannot be imposed unless the defendant requests formal trial with regard to the summary order

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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