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(영문) 서울중앙지방법원 2015.10.16 2015고단4584

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

1. On June 10, 2015, the Defendant: (a) around 13:33, the Defendant laid a hole at the bottom of the examination color bank in the electric vehicle moving between the sloping-line of subway No. 9 in the Gangnam-gu Seoul, the he/she taken the victims of the down body parts of the women who suffered damage from the name influencies in the form of test color and the name influencies of the women who suffered from white fluencies by operating the camera function in the car.

2. At around 13:49 on the same day, the Defendant taken the part of the part of the damaged women in the name unexplosion, waiting for a moving-on vehicle to a mobile phone camera by the aforementioned method in the Silsan Station located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, 323-1, in front of the victim.

3. At around 13:53 on the same day, the Defendant, within the front 160-ro of the red-fluoring zone in Mapo-gu Seoul Mapo-gu, taking the body part of the victim D (n, 24 years old), who weared a black fluor in a mobile phone croin pattern, using the above method, taken the body part of the victim D (n, 24 years old).

Accordingly, the Defendant taken three times the body of another person, who could cause sexual humiliation or shame, using a camera or other devices with similar functions, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Video CDs, each photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) 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 sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the method by which a cell phone is stored and then a cell phone is stored within the same time.