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(영문) 서울남부지방법원 2017.04.19 2016고단6411

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

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

Nevertheless, at around 22:09 on November 17, 2016, the Defendant taken videos against the victim’s body, who might cause a sense of shameing 47 times against a female victim, etc. on his/her name, in the following behind the victim D (a name, leisure, 18 years old), which was fluored by fluor 6 fluor cell phone camera, from around 22:49 on November 15, 2016 to the above date, on the line C, E, E, F Station, and its surrounding paths, etc. by the aforementioned method against the victim’s intent, which might cause a sense of shameing over 47 times against the victim, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. G statements;

1. Application of the Acts and subordinate statutes on photographs taken;

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. 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. In light of the fact that the defendant committed the instant crime against many unspecified victims on several occasions for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the punishment is determined as ordered by taking into account the following factors: (a) although the nature of the crime is not less exceptionally given that the defendant committed the instant crime; (b) he/she led his/her mistake and reflects his/her depth; (c) he/she has no record of criminal punishment; (d) his/her father is leading the defendant; and (e) his/her father desires to take care of the defendant

registration and submission of personal information.