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(영문) 서울남부지방법원 2017.11.10 2017고단3916

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

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

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

Reasons

Criminal facts

1. 성폭력범죄의 처벌 등에 관한 특례법위반( 카메라 등 이용촬영) 피고인은 2016. 5. 4. 08:35 경 서울 강서구 D에 있는 지하철 9호 선 E 역 앞 노상에서, 카메라 기능이 내장된 자신 소유의 LG G4 스마트 폰( 증 제 1호) 을 이용하여 청색 핫팬츠를 입은 성명 불상의 10대 여성 피해자의 하체 부분을 약 5초 간 동영상 촬영하였다.

The Defendant, including this, taken photographs of the parts of the victims in total seven times from the subway platform and F building from June 9, 2014 to May 4, 2016, as indicated in the list of crimes in the attached Form.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. Around 07:43 March 14, 2017, the Defendant committed an indecent act on the part of the victim in the subway train, which is a place where the public is concentrated in a place where the victim’s sexual organ is pushed down after the victim’s G (V, 27 years old) by maring the marbs of the surrounding area, in a sudden ebbbrance that proceeds from the airspace of the 631 subway lines located in the 631 air base along the Gangseo-gu Seoul airport, Gangseo-gu Seoul Metropolitan City.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. A photograph of a criminal image or a photographic video;

1. One (No. 1) (Evidence No. 2) (No. 2) of any lost LG G4 smartphone (a model LG-F50S);

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Application of the Acts and subordinate statutes to photograph the criminal image;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to taking photographs, such as a camera, selecting fines) against the crime, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to a densely concentrated place).