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(영문) 서울중앙지방법원 2019.06.13 2018고정2940

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. On July 5, 2018, the Defendant, at around 08:36 on July 5, 2018, taken a fluoric image of the victim’s name in which he/she was enrolled, using the Defendant’s cellular phone equipment (galthala7), from the off-gu 4 from the off-line of subway No. 2 located in Gangnam-gu Seoul, Seoul, using the Defendant’s cellular phone equipment (galthala7).

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame using mobile phone cameras against his will.

2. On July 9, 2018, around 07:40 on July 9, 2018, the Defendant, at the transfer E Line 2 located in Gwangjin-gu Seoul Special Metropolitan City, taken a short white flag, using the Defendant’s cellular phone devices (galthala City7), and taken a flag image of the victim’s name unclaimed box in a light of the body of the victim’s name unclaimed box.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using mobile phone cameras against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. Application of the investigative report (the photograph of a video file restored to a suspect mobile phone) Acts and subordinate statutes;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Judgment as ordered by Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be rendered;