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(영문) 서울중앙지방법원 2015.04.17 2015고단258

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On September 23, 2014, around 01:15, the Defendant: (a) discovered that a studio studio, where the victim 1 (e.g., 20 years of age) gets flick in the middle of Gwanak-gu, Seoul Special Metropolitan City, was flick; and (b) found that the Defendant was flick in the middle of the studio where the victim 1 (e.g., 20 years of age) was flick in the middle of the studio;

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) taken pictures of the victim by using a mobile phone camera with the victim’s body under the influence of alcohol or under the influence of alcohol after having sexual intercourse with the victim 2 (the presumed age 29) of the Defendant’s sexual intercourse at the motherel where it is difficult to know the trade name located in the Gwanak-gu Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. On-site photographs;

1. Application of mobile cell phone analysis CDs and photographic Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime, the choice of a sentence, Article 319 (1) of the Criminal Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras and other use of photographs),

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 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The crime specified in Article 334(1) of the Criminal Procedure Act is committed to take a victim’s secret space without permission for sentencing under Article 334(1) of the Criminal Procedure Act, and considering the nature of images taken by a crime specified in paragraph (2) of the crime, the nature of the crime is not good: Provided, That the Defendant is not likely to delete the images taken immediately after the crime of paragraph (2) of the crime and leak them out, the relevant data are mobile analysis.