beta
(영문) 서울북부지방법원 2018.01.25 2017고단5224

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

1. On May 2017, the Defendant, around May 2017, 201: (a) operated the cell phone’s cell phone function clicker’s cell phone clicker located in Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City Nowon-gu; and (b) taken the victim’s panty, bucks, knicks, knicks, knives, and knives, etc., by putting the cell phone in front of the Defendant’s clicker’s name known to him.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame against his will.

2. On September 15, 2017, the Defendant: (a) around 23:45 on September 2017, 2017, operated the cell phone’s accelerator functioned at No. 7 mobile phone stations located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, around the 23:45, 2017; and (b) took the cell phone into the bottom of the part of the victim E (V, 21 years old); and (c) took the cell phone under the part of the Defendant E (V, 21 years old) but did not reach the victim’s shooting.

Accordingly, the defendant tried to photograph the body of the victim who could cause a sense of sexual shame against his will.

There was an attempted wind on the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written replys to requests for appraisal by the National Institute of Scientific Investigation;

1. A digital analysis appraisal report;

1. Photographs taken under the bottom of a female fright;

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

1. Relevant provisions 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, Articles 15 and 14(1) (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of fines, respectively;

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. The main sentence of 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 punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;