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(영문) 서울서부지방법원 2017.04.21 2016고단3182
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A. On August 27, 2016, the Defendant, at E Station E Station, located in Eunpyeong-gu Seoul, Seoul on August 27, 2016, taken a fluor image for about five seconds using a portable telephone (Evidence No. 1) camera function, which discovered a female who is going slowly in front of the Defendant, and was in possession of the Defendant.

B. At the same place of around 18:19 on the same day, the Defendant discovered a female suffering from a name influence, who is going slowly in front of the Defendant, and in the same way taken a fluent video image for about nine seconds of the damaged female’s fluence.

2. A. On September 1, 2016, the Defendant, at around 20:52, found out the stairs of the entrance No. 1 in the above E basin, and found out the nameless female who is going slowly in the front of the Defendant, and taken a visual image of the damaged female for about seven seconds in the same manner as paragraph 1.

B. On the same day as paragraph 3, at around 20:56 around 20:56, the Defendant discovered the victim F, who is going up in front of the Defendant’s seal, and in the same manner found the victim F, who was going up in front of the Defendant’s seal, and taken the victim’s flaps for about six seconds, using the victim’s flaps for the same method.

Accordingly, the defendant taken four times against his will another person's body, which could cause sexual humiliation or shame by using a mechanical device similar to a camera.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. Seizure records;

1. Application of the Acts and subordinate statutes on mobile phone images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

5. Article 48 (1) 1 of the Criminal Act to be confiscated;

6. Order of provisional payment;

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