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(영문) 서울중앙지방법원 2017.09.07 2017고단4404

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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 May 11, 2017, around 07:29, the Defendant’s Samsung galloned in the street in front of the building C in Jongno-gu Seoul Metropolitan Government, using the continuous photographing function of S7 mobile phones, the Defendant’s Samsung galp jum of the Defendant’s Samsung galking on a white buck, which is prone prior to the Defendant’s Samsung galp.m., in which the new name cannot be known, the Defendant’s buck and the 319 head of the buck and the fuck-off

2. On May 11, 2017, at around 07:54, the Defendant, at the same time and at the same place as indicated in paragraph (1), continuously screened bucks and 76 copies of a female victim’s buckbucks, where the Defendant’s name cannot be ascertained, and a photographic 76 of a suckbuck and a spuckic photo of the spuck.

3. On May 11, 2017, at around 08:10 on May 11, 2017, the Defendant: (a) continuously screened bucks and 280 copies of the bucks of the victim D (the age of 24)’s bucks and the buck photographs of the species Arison on the part of the victim.

As a result, the defendant taken photographs over a total of three times against the victim's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. 5. 11. 07:29 The photograph of a person who has no name or body in the name or body of the deceased;

1. 5. 11. The photograph of a person who has not obtained the name of the deceased and the name of the deceased taken around 07:54;

1. 5. 11. 08:10 Application of the Acts and subordinate statutes governing photographs of victims taken around 0:10

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

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. Articles 70 and 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 Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed a similar crime on April 8, 2016, at the Seoul Central District Court.