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(영문) 서울중앙지방법원 2014.09.26 2014고단4873

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. At around 04:42 on January 15, 201, the Defendant taken pictures of another person’s body, which may cause sexual humiliation or shame, against his will, in a room where it is impossible to identify the head of the building C in Gangwon-gun, the Defendant could not know. The Defendant taken pictures of another person’s body, which might cause sexual humiliation or shame, at the end of the victim D (Influence, 36 years of age) in which the Defendant was her mother-to-faced with a mobile phone camera.

2. On January 30, 201, at around 00:49, the Defendant taken photographs of the victim’s chest part of his chest who was diving on a mobile phone camera with his mother soil owned by the Defendant on one occasion, and taken photographs of the victim’s body against his will that may cause sexual humiliation or shame.

3. At around 03:57 on September 3, 201, the Defendant taken a photograph of the victim’s sexual act heading against the victim’s will, in a room where it is impossible to know about the Gelbur care room located in Ulsan-gu F, Ulsan-gu. The Defendant took a photograph of the victim’s sexual act heading against his/her will, with his/her mother-ro, cell phone camera, in which the Defendant was holding, and taken eight times, such as the victim’s appearance he/she was faced with and she was faced with his/her clothes, or the form of the victim’s sexual organ inserting the Defendant’s sexual organ in his/her sexual organ, and taken eight times against his/her will the victim’s body that may cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure (the investigative records, 363, 364 pages);

1. Application of the CDA2 statute

1. Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines, etc.

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Confiscation Article 48(1) of the Criminal Act