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(영문) 서울북부지방법원 2017.02.09 2016고단5455
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 2016, 2016, the Defendant, on September 1, 2016, taken a picture of the victim’s body flab by using a color cellphone (VGA) in which women who suffered a flab color flab at the bus stops located in C Station bus stops located in B in Yang-si, Yang-si, Yang-si, Yang-si, and women who suffered a flabed flabing in D buses.

2. On September 24, 2016, the Defendant: (a) around September 17:30, 2016, on September 24, 2016, on the part of the Defendant: (b) on September 24, 2016, on the part of the subway line No. 1 located in Yangju-si, Gyeonggi-do, on the part of the subway line No. 1 located in Yangju-si; (c) on the part of the female suffering from the catus of the catus, the Defendant taken the cat of the victim’s catfin

3. On September 24, 2016, the Defendant, around September 18:15, 2016, taken the booms of the victim H (n, kin) who was moving from the G station located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu around September 24, 2016 in the same manner as the foregoing 1.

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. Statement by the defendant in court;

1. Statement made by the police with H;

1. Photographs of a dynamic image data taken by the victim;

1. Colors by capturing the video data;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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