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(영문) 서울중앙지방법원 2014.07.04 2014고단3134

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

The Defendant, using 5S from one’s own phone-phones, installed a romermera sponst which does not sound, and applied a romera spons spons with a view to shooting the body parts of the women who suffered a short flamer by using the romera spons, and colors the body parts of the women who suffered a short flamer by using the romera.

On March 4, 2014, at around 18:42, the Defendant taken a picture of the victim’s bridge in the name in distress of the test taking advantage of the Defendant’s smartphone in the D Station located in Seongbuk-gu, Seongbuk-gu, Seongbuk-do.

From that time to 19:00 of the same month, the Defendant taken the physical parts of each victims at least 43 times, as shown in the list of crimes committed in the annexed sheet.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment to a list of crimes and analysis of seized images);

1. Application of the Acts and subordinate statutes concerning the analysis and photograph of seized articles;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is committed throughout the period from March 4, 2014 to March 31, 2014, and the number of times of the crime is many, the defendant is the primary offender, and the defendant must not seriously reflect and repeat his/her mistake, and where the conviction of the defendant against the crime of this case is finalized, the defendant shall be punished with a sexual crime.