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(영문) 서울중앙지방법원 2017.01.20 2016고단5849

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On June 6, 2016, around 14:06, the Defendant: (a) taken screen pictures between the victim, using the cell phone camera function, in which it was found that the female victim was unable to know the name of remaining color fluor in E department stores, E, E, E, E, E, E, E, the Seoul, and the victim’s bucks and bucks.

In addition, from around that time to July 18:36, 2016, the Defendant taken 29 female victims’ body body, bucks, bucks, and embucks of species, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of other people who could cause sexual humiliation or shame by using a telephone carried device with a camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A written statement of the G production;

1. A criminal investigation report (a photograph of a suspect's photograph by cutting a screen picture) and photographs attached thereto;

1. Application of the video CD-related Acts and subordinate statutes

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 sentencing of Article 334(1) of the Criminal Procedure Act is extremely high to victims (29 persons) of the Criminal Procedure Act, and most of the images are likely to be committed in light of the method and frequency of photographing the body parts of a knife with a cell phone on the lower side of the knife, and the contents of the taken images.

However, it seems that the image is not intended to spread it on the Internet, and it is agreed with the victim who confirmed the personal information, it is the primary offender, and it is contrary to its depth.