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(영문) 서울동부지방법원 2019.07.18 2019고단1388

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

No person shall photograph the body of another person, which may cause a sexual humiliation or sense of shame, by using devices, such as a camera, against the latter's will.

1. On October 21, 2018, at around 08:11, the Defendant: (a) taken a photo of the lower body part, such as the name bucks, bucks, etc. of female victims who were seated by using the Defendant’s opphone 7 carmer functions in the name bucker’s bucks, etc.

2. On October 23, 2018, at around 18:07, the Defendant: (a) followed a female victim under his/her name, who kidds up with a black tag in white nitro on the roads nearby Seongdong-gu Seoul, Seongdong-gu, Seoul, and boomed the back fladm by using the Defendant’s opphone7 camera function.

3. On October 23, 2018, at around 18:33, the Defendant took a photo of the Defendant using the Defendant’s opon 7 carra function, her opon fluor and her sel, etc., using the victim’s bucker’s fluor and herum, following the victim’s name unfluencing female who was on board an escalator in the Jongno-gu Seoul Metropolitan Government C building, she followed the victim.

4. On November 2, 2018, at around 16:58, the Defendant: (a) taken a tension screen image using the Defendant’s Aphone 7 screen function on the front of Seongdong-gu Seoul, Seongdong-gu Seoul, taking a white tension stringr, following approximately 50 meters back to a female victim under a name-free stringr, who is able to be seen as a black stringr.

Accordingly, the defendant taken the body of victims who could cause sexual humiliation or shame by using mechanical devices such as carmeras against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E statements;

1. Seizure records;

1. Application of Chapter 10 of the Acts and subordinate statutes to photographs of victims;

1. Punishment of sexual crimes committed in accordance with the relevant provisions of the Act;