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(영문) 창원지방법원 진주지원 2014.09.16 2014고단749
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

The Defendant, as stress arising from employment preparation has increased on a job, had a mind to photograph the body of an unspecified woman using a Handphone camera to solve this increase.

On June 26, 2014, from around 17:38 to 18:10, the Defendant: (a) excavated a hole in Jinju-si C stores located in Jinju-si B; and (b) took a part of the body part of the part of the body of seven women’s body in the same manner as the victim’s body is recorded in the annexed crime list, such as digging out the part of the body part of the body of seven women’s body, where the Defendant took a part of the body part of the body of the victim, which is located above the victim D (n, 44 years of age) while putting the part of the body of the body of the Jinju-si, which is located above the victim’s body.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using a mobile phone camera against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Seizure records;

1. Evidence photographs;

1. Investigation report (investigation of results of digital evidence analysis);

1. Application of Acts and subordinate statutes to report on investigation (investigative into suspects' crimes), and investigation;

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 and 69 (2) of the Criminal Act for the detention of 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the Defendant’s reputation and depth in committing his/her own crime, and is different from the favorable circumstances, such as that there is no criminal force prior to committing the instant crime, on the other hand, the Defendant, in addition to the instant crime, also commits the instant crime.

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