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(영문) 서울중앙지방법원 2014.02.06 2013고단7741

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. A person who has attempted to violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On August 1, 2013, the Defendant, at around 21:35, intended to photograph the body of the victim in distressed name in the house located in the above multi-household house in Gangnam-gu Seoul, by using a mobile phone camera, using the cell phone, but intended to photograph the body of the victim in distress in the house located in the above multi-household house. However, the Defendant had attempted to take the body of the victim only inside the house.

B. On August 1, 2013, the Defendant, at around 21:57, intended to photograph the body of the victim who was not the victim’s name in the house of the above multi-household house through the window of the cell phone, using the cell phone camera at the place indicated in the above paragraph (a). However, the Defendant attempted to photograph the body of the victim’s body inside the house of the above multi-household house but

C. On August 1, 2013, at around 22:27, the Defendant taken pictures of the body of the victim who could cause sexual humiliation or sense of shame by photographing the body of the victim by using a cell phone camera connected to the first floor of the above multi-household house through the window connected to the first floor of the foregoing multi-household house (hereinafter “victim”) against the victim’s will, but did not go against the victim’s will, on the other hand, take photographs of the body of the victim, which could cause sexual humiliation or sense of shame. However, the Defendant did not go to the wind taken so as to have the body taken.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On August 1, 2013, at around 22:04, the Defendant taken the body of the victim, who might cause sexual humiliation or shame, against his/her will, by photographing a dynamic image, the appearance of the victim (Nam, 20-30 presumption) in the house of the above multi-household house through the window using a mobile phone camera, in the place indicated in paragraph (a) of Article 1.

B. On August 1, 2013, the Defendant, at around 22:23, at the place indicated in paragraph 1(a) of Article 1, photographs of dynamic images, in which both men and women are enjoying from the victim’s name in the house of the above multi-household house through the cell phone camera, and by using the cell phone camera, may cause sexual humiliation or shame.