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(영문) 서울중앙지방법원 2016.12.21 2016고단5941
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

On June 12, 2016, around 09:10 on June 12, 2016, the Defendant taken pictures of the victim E (the age of 18) by using a camera function located in the cell phone c, which was possessed by the cell phone room in Seocho-gu Seoul Metropolitan Government.

In addition, from May 2016 to around that time, the Defendant taken a total of 23 victims, such as the list of crimes in the attached list of crimes, in the same manner.

Accordingly, the defendant taken the body of other persons who could cause sexual humiliation or shame by using a mechanical device with a camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Records of seizure and the list of seizure;

1. Efagics of a restoration file and screen screen pictures;

1. Seven copies of the results of digital evidence analysis;

1. Application of the Acts and subordinate statutes to a criminal investigation report (a suspect's photographic photograph of a video photograph), a crime sight tag, and a photograph of a video recording room;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the 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 sentencing conditions of the instant crime under Article 334(1) of the Criminal Procedure Act, based on the following specific circumstances: (a) the method and form of the instant crime; (b) the contents of each photographed material; (c) the relationship between the Defendant and the victim; (d) the age, character and conduct, family environment of the Defendant; and (e) the conditions of the sentencing indicated in pleadings

Recognizing the truth from the beginning, it shows a attitude to reflect in depth.

Until now, there is no criminal power.

It is a student who has no social experience.

Articles taken in light of the motive or circumstances of the crime.

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