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(영문) 서울중앙지방법원 2015.09.23 2015고단4488

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

Punishment of the crime

1. On May 14, 2015, at around 08:13, the Defendant taken a photograph of the part of the victim’s body and the part of the bridge using LGGG G2 smartphones, the device of which is taken by approaching the name influored female victim’s back of the color-fluored female 4 lines of subway No. 4, the subway No. 9-31, Dong-dong 2, Dongjak-gu, Seoul.

2. The Defendant, at around 21:20 on the same day, accessed the name of a female victim, who was on board an escalator for the transfer of the 7 subway lines in the subway line 243, G2 smartphones in Gwangjin-gu, Seoul, by approaching the back of the non-registered female victim, and taken the part of the victim’s patha and the part of the bridge, etc. using the victim’s patha-ray with the inside of the camera 2 smartphones.

3. At around 21:21 on the same day, the Defendant, at around 21:21 in Seoul Special Metropolitan City, accessed the name influored female victims, who was on a white fluor for transfer of a subway line 7 subway line located in 243, by approaching the back of a female victim who was in a white fluor, and taken the part of the victim's fluor, fluor and bridge, etc. using the LGG 2 smartphone where the cluor shooting function was inside.

4. At around 21:24 of the same day, the Defendant, at around 21:24, taken pictures using LG G2 smartphones with the part of the victim’s body and the bridge on the part of the victim, who was on board an escalator for transfer of 7 subway lines in the subway line in Gwangjin-gu, Seoul Special Metropolitan City 243, by approaching the back of the victim’s name unexploited female victim.

Accordingly, the defendant taken four times against his will the body of another person who could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to photographive images of crimes committed within mobile phones;

1. Article 14 (1) and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the choice of punishment;