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(영문) 서울북부지방법원 2017.11.30 2017고단4200

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 July 14, 2017, around 18:59, the Defendant committed the crime, on July 14, 2017, on the following occasions: (a) on July 14, 2017, the Defendant took off the part of the part of the victim’s name fluence in the shape of test to be verified in front of the Defendant, i.e., the Defendant operated the 6-phone mobile camera function in Seongbuk-gu Seoul, Seongbuk-gu, and taken off the part of the buckbuck in front of the Defendant.

2. On July 14, 2017, the Defendant, at around 19:12 on the same day as paragraph (1) of this Article, taken the victim’s name and influorial bucks, the part of the victim’s name and influorial bucks located in front of the Defendant, where the Defendant 19:12 around 19:12 on the same day, and where the Defendant 6 mobile phone functions as the Defendant’s cellphone, and the victim’s name and influorial bucks located in front of the Defendant.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. A photograph of an investigation report (a photograph of seizure and criminal audio-visual suspension, CD preparation attached), CDs, and screen to screen a video;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, 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. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record and risk of recidivism, profits and preventive effects expected from the disclosure order and notification order of this case, and disadvantages and side effects therefrom.