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Reasons
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(영문) 서울중앙지방법원 2016.02.05 2015고단7676
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. On July 29, 2014, from around 01:14 to around 02:25 of the same day, the Defendant taken pictures of the victim’s cell phone from “Eel” located in Seocho-gu Seoul Seocho-gu Seoul, using his/her mobile phone from “Eel” to his/her sexual intercourse with another person’s body, which might cause sexual humiliation or shame, by photographing the victim’s her mare and her sexual part with his/her sexual intercourse with his/her sexual intercourse with his/her video, against his/her will.

2. On July 30, 2015, at around 23:20, the Defendant posted the Defendant’s cell phone at the end of “G” convenience store located in Dongjak-gu Seoul Metropolitan Government F, in which the part of the victim’s cell phone was stored, and taken the part of the victim’s body as video, and taken the victim’s body against his/her will that may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement about △△△△△ and the police report;

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

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. 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 Criminal Procedure Act of the case is that the defendant was found to have been exposed by another person's report while the defendant was exposed to the victim's △△△△△△ in front of an elementary school, and the victim was locked with the victim, who was in front of an elementary school, and taken a crepit of the crepit of the crepit of the crepit of the above victim, while accompanying the victim, who was in front of another elementary school, and the crime was exposed to the victim's crepit of the crepit of the crepit of the crepit of the victim, and the victim did not want to be punished against the defendant.

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