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(영문) 서울중앙지방법원 2016.12.16 2016고단7523
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Around 00:00 on July 20, 2016, the Defendant discovered a shower appearance through the window of the bath room in front of the victim E (n, female, 30 years of age) located in Gangnam-gu Seoul Metropolitan Government D, and taken the body part of the victim’s body part over four times by using his/her mobile phone photographing function.

2. On July 29, 2016, from around 01:57 to 02:22 of the same day, the Defendant found out the appearance of the victim’s clothes off through the bathing room window at the places set forth in paragraph (1) of this Article, and taken the shower page of the victim by using his/her mobile phone image recording function, for two times in an irregular period.

Accordingly, the Defendant taken the body parts that may cause a sense of sexual shame against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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. 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. In light of the crime committed against a victim who was aware of business through 0 business transactions for the sentencing reason of Article 334(1) of the Criminal Procedure Act, the crime is deemed to be bad, the mental suffering suffered by the victim due to the crime is considerable, and the victim wants to punish the defendant, and the victim is able to commit the crime more severely, around 2004, it is recognized that 0 erroneous acts other than the fine imposed due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents have no record of the crime, and 0 depth is divided. In addition, all of the sentencing conditions, such as the defendant's age, occupation, character and conduct, family relationship, social relationship, and circumstances after the crime, are considered.

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