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(영문) 서울동부지방법원 2019.03.08 2018고단4348
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 29, 2018, at around 09:02, the Defendant operated the cell phone camera function of the Defendant at the victim D (one-time, half-year, age 28) located in Songpa-gu Seoul Metropolitan City, 9, U.S., 2018, and took a photograph of the victim’s clothes and buckbucks.

In addition, from August 2018 to October 2018, the Defendant taken the clothes and parts of buckbucks among the women who suffered bucks four times in total, such as the attached list of crimes.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Records of seizure and the list of seizure;

1. Each investigation report (Nos. 6 through 8, 10, 18);

1. Comprehensive vehicle tax details and reports on the analysis of digital evidence;

1. Application of Acts and subordinate statutes governing crime scene photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the relevant criminal facts and the selection of punishment for such 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

1. The order of provisional payment under Article 334(1) of the Criminal Procedure Act is due to the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the instant crime, seriousness of the consequence and crime, order of disclosure or notification.

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