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(영문) 서울중앙지방법원 2017.02.22 2016고단8855

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant,

1. On May 27, 2016, around 07:07, a motion picture taken between 1 minute 28 seconds of the victim’s name, who suffered a short fluent horse with a white pattern on the back of the Defendant using verification color ELG4 smartphone functions in subway 1 line C, a subway located in Guro-gu Seoul Metropolitan Government B, using the camera functions of the Defendant’s verification color LG4 smartphones, and vice versa;

2. On September 5, 2016, around 08:22, at the subway No. 2 line E 1 in Gangnam-gu Seoul Metropolitan Government, a part of the victim’s name unfluent bucks and bucks, etc. on the ground of the color that he/she laid the stairs in front of the Defendant using the above verification color LG4 smartphone functions as a camera in the air gate in Gangnam-gu, Seoul.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (Analysis of seized articles);

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment to a photograph of the head of the main page of the crime video);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following favorable circumstances: (a) the Defendant appears to have committed the instant crime from the beginning, in a timely and consistent manner; (b) the first offender who has no record of crime so far; and (c) the method and form of the instant crime, the contents of each photograph, the age of the Defendant, the sex, the family environment, and the circumstances before and after the instant crime.