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(영문) 서울서부지방법원 2016.02.15 2015고단2891

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 5, 2015, the Defendant purchased a dynamic camera with a recording function in the Internet shopping mall around October 5, 2015 for the purpose of taking the flags of women who walk the streets.

On October 18, 2015, the Defendant, at around 12:10 on October 18, 2015, she saw the fright of the victims on five occasions as shown in the list of crimes in attached Table 2015, the Defendant taken the fright of the victims, such as taking a fright of the victim by using the flamera in the first place of D University, Seodaemun-gu, Seoul, according to the flamere (n) who was flaged by flamer, and taking the flamer of the victim’s flamer by using the flamera.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Police seizure records;

1. Report on the results of digital evidence analysis;

1. Application of Acts and subordinate statutes to the criminal tools and photographs of the scene of the crime, and photographic data of the head of the crime;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras and selecting a fine);

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) of the Criminal Act to be confiscated;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The Defendant’s age, occupation, risk of recidivism, and the instant case.