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(영문) 수원지방법원 안양지원 2018.03.23 2017고단1950
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

1. On May 17, 2017, the Defendant, starting from the inside of the 20:20 on May 17, 2017 and moving from the inside of the water surface to the water surface, using gallon 5 smartphones owned by the Defendant with the Kamera function, taken a body image of the lower part of the bus, such as a victim’s bridge, in which the name of the Defendant was seated in front of the bus exit is unknown.

2. On May 20, 2017, the Defendant, around 11:07, parked in the subway line F station in Dongdaemun-gu Seoul, Dongdaemun-gu, the Defendant taken a protruding screen picture, such as a victim’s bridge, in which the name of the Defendant was unable to be known by the same method as the foregoing 1, in the train that stopped in the F station line of subway No. 1 in Dongdaemun-gu, Seoul, and the victim’s bridge, etc. in front of the Defendant.

3. On May 22, 2017, the Defendant, from H station platforms located in Suwon-si, Suwon-si, Suwon-si, the Defendant taken the body body part, such as a victim’s bridge, etc., where it is impossible to find out his/her name he/she was frighted in the manner specified in the foregoing paragraph (1).

4. On May 26, 2017, the Defendant, at the exit No. 4 in JJ located in Ansan-si, the Gu in Ansan-si around 08:41 on May 26, 2017, taken the body body side image of the Defendant, such as a victim’s bridge, in which it is impossible to find out his/her name he/she was using an escalator in the same manner as the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Report on the results of digital sirening);

1. Application of Acts and subordinate statutes to output of video;

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;

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. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a matter of course in light of the content and method of the relevant crime, the frequency thereof, and the previous conviction of a fine for the same kind in around 2016, the Defendant’s mistake is seriously against the Defendant, and there is no previous conviction exceeding the fine.

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