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(영문) 서울중앙지방법원 2015.11.13 2015고단5733

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around November 2014, the Defendant taken a photograph of the lower body part of the victim, a female victim whose name was short of the short body in the air-conditioning 2 heading 874, the Seocho-gu Seoul, Seocho-gu, Seoul, using the cell phone camera function.

2. On November 2014, the Defendant taken pictures of a female victim’s buckbucks and the parts of the body in the same manner, where it is impossible to find out the names he/she suffered from the bucks in front of the exit exit No. 2014.

3. On December 7, 2014, the Defendant taken the body parts of a female victim, who suffered a short flag in the front line, and whose name is unknown, in the same manner as the lower body parts of the female victim’s body.

4. Around December 2014, the Defendant tried to photograph the lower body part of a female victim, who was a female, and whose name the short body part was not known at the same place as the above paragraph 1, in the same manner, and tried to have taken and attempted to take part of the final body part and the part that was generated.

5. On March 19, 2015, the Defendant, at the same time and at the same place as the above paragraph 1, taken the bucks section below the bucks section of the victim C (the bucks, the bucks, the bucks, the bucks and the bucks and the bucks and the bucks.

Accordingly, the defendant taken four physical parts of others, which may cause sexual humiliation or sense of shame, against his will, and attempted once against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Report on internal investigation (to have telephone conversations for reference D);

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing each camera, etc.), Articles 15 and 14 (1) (a point of using and photographing camera, etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the selection of each fine for the crime;

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

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;