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(영문) 서울북부지방법원 2018.12.17 2018고정1650

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 18, 2018, the Defendant, on June 19:25, 2018, taken photographs against his/her will, around June 18, 2018, on the part of the victim’s name, who was seated in his/her seat using the camera function of the 8 flus cellular phone in the subway train operated by one member in Seoul Metropolitan City.

Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

2. On June 22, 2018, the Defendant, at around 13:10 on June 22, 2018, taken the bridges of the victim’s name in the front line of the subway No. 4, which, around 22, 2018, passed around the East Station Cultural Park Station located in Jung-gu, Seoul, Jung-gu, Seoul, and around 13:10 on June 22, 2018, in the front line of the subway No. 4, in the same manner as paragraph 1, against his/her will.

Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (in relation to responses as a result of digital evidence analysis);

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

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. 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. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. In a case where a conviction becomes final and conclusive on the criminal facts indicated in the judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant shall be governed by Article 42(1) of the Act on Special Cases Concerning the Punishment, etc.