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(영문) 서울중앙지방법원 2016.09.23 2015고단6904

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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. Around March 19, 2015, the Defendant committed an indecent act in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public C Place) committed an indecent act by putting the negative parts of the victim E (V) in front of himself/herself in the subway that was operating in the vicinity of the subway No. 9 line in Seocho-gu Seoul Metropolitan Government C, on his/her own, in the subway where he/she was working in the vicinity of the subway No. 305, Mar. 19, 2015.

2. On August 5, 2014, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) recorded a woman’s buckbucks, etc., where it is impossible to identify the name of the Defendant who was suffering from short places using the camera functions of smartphone (LGG G2) in the subway in which the Defendant was in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against the victim;

1. A written statement of the victim;

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

1. The defendant makes a statement to the effect that he/she does not intentionally commit an indecent act on his/her cell phone in the subway.

However, the victim was committed an indecent act by the Defendant as stated in the facts charged.

As clearly stated, in light of the fact that there is no motive for the victim to make a false statement against the defendant, the application of the law to the extent that the defendant commits an indecent act against the victim as stated in the facts charged is recognized).

1. Relevant legal provisions on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime committed in a densely concentrated place) and the choice of each fine [a] the act of photographing another person's body, which may cause sexual humiliation or sense of shame by using a health stand, camera or other similar mechanism with similar function in relation to the occupation of photographing equipment such as a camera, etc., shall be an exception to the punishment, etc. of sexual crimes.