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(영문) 서울중앙지방법원 2017.09.01 2017고단1526
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 22, 2016, the Defendant, at the house of the victim C (27 years) of the building located in Gangnam-gu Seoul Metropolitan Government, was playing in the victim’s house, who was the male-gu of the defendant, and the victim spanty spanty of the victim above spanty and taken pictures of the victim’s sexual organ with the Defendant’s smartphone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

2. The Defendant sent the victim’s sexual franking photo taken as above at the time and place as set forth in paragraph (1) to the victim-friendly female job offers D (27 years old) who had taken the victim’s sexual franking photo before returning to the Defendant before returning to the Defendant.

Accordingly, the defendant provided the body pictures of the victim who could cause sexual humiliation or shame by using devices similar to the camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes concerning E-cap photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Selection of a fine (including the motive and background of the crime, the confession and reflection of the crime, and the primary charge);

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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant 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 obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, and exemption from the disclosure order and notification order.

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