beta
(영문) 서울서부지방법원 2017.02.24 2016고단1883

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

On October 18, 2015, the Defendant boarded the front-time vehicle driving in the airspace of public morals located in Mapo-gu Seoul, Mapo-gu, Seoul. On October 18, 2015, the Defendant reported the victim E (V, 25 years old) in the front-time vehicle and tried to photograph the body parts of the victim's cellular phone with the victim's cell phone.

The Defendant followed the victim who gets from the G station located in Mapo-gu Seoul Metropolitan Government F, and continued to be caused by the victim's back to the station.

The Defendant: (a) the victim entered the toilets in the station; (b) the victim followed again by leaving the balthic flag; and (c) the Defendant led to an Esplate in the direction of the exit 6th in the air route of the said G.

In light of the victim's behind 10:53 on the same day, the Defendant: (a) was on board the above escalator and was in a place less than 2 stairs from the victim; (b) followed by the victim, the Defendant was in the front of the victim; and (c) was in the head of the mobile phone (Evidence No. 1) with carrying the camera function by immediately approaching the other victim's stairs; and (d) the Defendant was in the front of the victim.

After the implementation of the carmer system, the cell phone operator was put into the body of the victim, and then the victim was tried to photograph the body part of the body part of the body part of the victim, while the victim was trying to have the body part of the body part of the body part of the victim, the victim was shot back to the body part, and went back to the body part, and she was living back to the defendant.

Accordingly, the defendant tried to take photographs of the body of the victims who could cause sexual humiliation or humiliation against his will and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

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 and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

2. Articles 70(1) and 69(2)3.