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(영문) 서울서부지방법원 2016.05.20 2015고단3252

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. On August 17, 2015, around 02:15, the Defendant discovered the appearance of the victim from the window of the living room in front of the residence of the victim D(WOOO) of the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government CBO, 2015. On the other hand, the Defendant taken the part of clothes and bucks of the victim using S6 Kamera function when the Defendant’s mobile phone Samsung Fallon just, using the Defendant’s mobile phone Samsung Fallon function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will.

2. 피고인은 2015. 10. 17. 01:10 경 서울 마포구 E에 있는 피해자 F( 여, 30세, 가명) 의 주거지 앞에서, 화장실 창문을 통해 피고인의 휴대전화 삼성 갤 럭 시 S6 의 카메라 기능을 켠 후 화장실 창문에 들이밀어 피해자의 신체를 촬영하려고 하였으나, 마침 그 앞을 지나가던 행인에게 제지를 당하여 촬영을 하지 못하였다.

As a result, the Defendant tried to take photographs of the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will, but did not bring about such intent.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. A report on investigation by the prosecution (a report on the attachment of photographs related to crimes 1. paragraph (1));

1. Police investigation report (on-site investigation and specification of victims);

1. Recording form (the fact under subparagraph 2 of the holding);

1. Statement by the defendant in court;

1. G statements;

1. Application of the police seizure protocol statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (a point of taking photographs using a camera), Articles 15 and 14 (1) (a point of attempted taking photographs using a camera) of the same Act, and the selection of fines for each crime;

2. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Severe Sexual Crimes (Kameras, etc.)

3. Attraction of a workhouse;