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(영문) 서울중앙지방법원 2017.10.18 2017고단5458

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 17, 2017, at around 08:58, the Defendant taken a video image of the victim’s bucks and bucks, where it is impossible to find out the name of the Defendant who was a short color fucker in front of the mobile phone c, which was in possession of the subway No. 2 line D in Seoul Special Metropolitan City, using the cell phone camera function.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

2. On July 17, 2017, at around 09:4, the Defendant taken a video image of the victim’s fluor, where it is impossible to find out the name of the color flus in front of the cellular phone function using the cellular camera function, which was possessed by the Defendant at No. D Station No. 1. 1.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

3. On July 17, 2017, at around 12:17, the Defendant taken a visual image of the victim G (V, 24 years old) and the parts of the bridge located in front of the Defendant using the cell phone camera function of the mobile phone camera No. 2 line No. 3, the subway No. 2 in Seoul, Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigative reports (attached to seized photographs and screen pictures of video images);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. The Criminal Act to attract a workhouse;