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(영문) 서울중앙지방법원 2017.08.24 2017고단4185

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On February 27, 2017, at around 08:05, the Defendant taken a part of the body body part of a female victim, whose name was a short color co-ray with a cell phone camera function in Dongjak-gu Seoul Metropolitan Government, using a mobile phone camera function, and in which it is impossible to find out the short body part of the victim’s body part, which was the part of the body part of the victim, and whose name was the short body part, was the victim.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

2. On February 28, 2017, at around 15:57, the Defendant entered the 7th female toilets of Jongno-gu Seoul, Jongno-gu, Seoul E building with the entrance, and opened the string space through the entrance, and then, the victim F (V, 26 years old) gets off from the next partitions by using a portable phone, and taken the victim’s dynamic image.

Accordingly, the defendant took photographs of another person's body against his will that may cause sexual humiliation or shame using a portable phone with a camera function, which intrudes upon another person's structure managed by him.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police seizure records and list of seizure;

1. A report on investigation;

1. Application of the CD-related Acts and subordinate statutes to storage images of mobile phones;

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, Article 319 (1) of the Punishment, etc. of Criminal Crimes, Article 319 (1) of the same Act and the selection of fines;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the accused who recognized the facts charged.

It is an initial crime that has no record of punishment.

On the other hand, however, it is.