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(영문) 서울중앙지방법원 2018.04.20 2018고단1175
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On December 2, 2016, the Defendant, using smartphones owned by the Defendant on which a camera function is attached in the subway station platform located in Seoul, was taken by using smartphones, such as bucks, bucks, and 32 photo photographs on the bucks, fucks, and fucks of the bucks. From around the above day to May 12, 2017, the Defendant taken pictures of women who suffered losses on 20 occasions in total as shown in the list of crimes in the attached crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the second seized articles LG-F320 cell phone re-Analysis, No. 34 times per year) of the person to be seized;

1. Investigation report (suspect A file analysis, etc., No. 18 each time);

1. Investigation report (the analysis of cell phone gals of suspect A, 24 times each time);

1. Investigation report (victimD photographs and motion pictures attached, No. 15 times each time);

1. Investigation report (the printing out of photographs presumed to be victim E, No. 13 times per order);

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. The criminal facts of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order constitute not only a large number of unspecified women, but also a long period of time against the victims' will, and thus, the defendant taken photographs against the victims' will and kept them separately from each other, and the criminal facts of this case are not good enough to form the crime.

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