Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On March 30, 2018, at around 22:38, at the window B of Changwon-si, the Defendant: (a) had a female-friendly sexual intercourse with the victim C (V, 52 years old); (b) had the victim take the form of sexual intercourse with his/her cell phone camera at his/her home; (c) had the victim take the cell phone on the part of his/her cell phone knebbb; and (d) had the victim take the cell phone on the part of his/her cell phone knebb; and (d) had the victim take the 40 minutes of sexual intercourse with the victim.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. A report on damage;

1. A protocol of seizure and a list of seizure;

1. A report on the results of analysis of digital evidence;

1. 피의 자 촬영 동영상 CD [ 피고인 및 변호인은, 피고인이 피해자의 음부에 쑥뜸을 뜨는 모습을 보여주기 위하여 갑 티슈 통에 휴대폰을 세워 동영상을 촬영하다가 그 사실을 잊어버리고 성관계를 하게 되어 과실로 성관계 장면이 촬영된 것일 뿐 의도적으로 성관계 장면을 촬영한 것은 아니고, 피해자의 묵시적 동의도 있었다고

However, the law applicable to the defendant's act of photographing a motion picture and the contents of the motion picture before and after the recording, and the victim's speech and behavior after the victim's recognition of the recording, etc., which can be seen by the above evidence, can be sufficiently recognized without the victim's consent.

1. Article 14 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 concerning the crime;

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. Confiscation.