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(영문) 서울중앙지방법원 2013.11.20 2013고단5478

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 12, 2013, at the central bus stops located in Gangnam-gu Seoul Metropolitan Government (Seoul), the Defendant taken a video image of the victim’s body part, such as buckbucks, which is about four minutes against the victim’s will, against the victim’s will, the victim’s bucks, which may cause sexual humiliation or sense of shame by using a fuck-4S cell phone function against the victim’s 20 primary women whose name is unknown.

2. On August 8, 2013, at around 7:27, the Defendant: (a) taken a video image of the victim’s body part, such as buckbucks, 1 minute 19 seconds against the victim’s will, on the part of the victim, who could cause sexual humiliation or sense of shame by using a buckphone 4S cell phone with the function of a camera, against women who suffered from the second half of the 20th century, whose name is unknown; and (b) the Defendant taken a video image of the victim’s body part, such as buckbucks.

3. On August 26, 2013, around 8:48, at the subway station platform 4-1 square meters of subway station 2 lines in the Dongjak-gu Seoul Metropolitan Government Salydong, the victim’s body part under the part of the victim’s body part, which may cause sexual humiliation or sense of shame, was taken against the victim’s will against the victim’s will, at approximately 11 minutes and 53 seconds of video clips against the victim’s will, where the name cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (in case of attaching photographs by cutting down video images in the seizure handphones and handphones);

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. Selection of a selective fine (the first offender who has no record of crime, the fact that he/she seriously reflects the fact, the number of images and photographs, etc. shall be considered);

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The order of provisional payment;