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(영문) 부산지방법원 동부지원 2015.12.09 2015고단1738

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. On July 30, 2015, around 07:37, the Defendant, on July 30, 2015, taken a video image of 39 seconds from the Defendant’s cell phone (beat 3, verification color) against the victim’s will, on July 30, 2015, in the subway line B, within the subway line B from the subway line 2 to the subway line 37, on July 30, 2015.

2. On July 30, 2015, around 08:29, the Defendant, at the subway line B around July 30, 2015, taken 55 seconds of video images using the Defendant’s cell phone (beR 3, verification color) against the victim’s will, around July 30, 2015, in the subway line B, within the subway line B from the subway line 208:29, on July 30, 2015.

3. On July 30, 2015, around July 30, 2015, the Defendant: (a) on July 30, 2015, at the subway No. 2’s platform located in Guro-gu Seoul Metropolitan Government on July 30, 2015; and (b) on the bridge of the victim’s name unsatisfy and white box, the Defendant taken a video image of 7 seconds using the Defendant’s cell phone (beR 3, verification color) against the victim’s will.

The Defendant taken photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using the camera, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a investigative report (the file registration information and the closure of the main surface of the area);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction of a defendant who shall submit personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the defendant constitutes 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 thus,