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(영문) 서울중앙지방법원 2015.11.27 2015고단6319
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On May 28, 2015, at around 20:03, the Defendant: (a) discovered a female victim with a short flab in the passenger room located in the subway line 7, which was in the school 508, Gangnam-gu Seoul, Seoul; and (b) taken a photograph of the victim’s bridge by using an ONE smartphone with the function of photographing the camera taken.

2. On June 3, 2015, at around 08:46, the Defendant: (a) accessed the victim’s legs and the part of the body of the victim’s bridge using an ONE smartphone with the inner part of the camera-ray shooting function, which was going back the stairs of the direction of the exit of the subway 2 line 351 located in Guro-gu Seoul Metropolitan City, Guro-do Do 351.

3. On June 8, 2015, around 07:38, the Defendant: (a) discovered female victims from the name infinite in the passenger room located in the subway line 7 lines, which had been passing through the Docheon-ro, Guro-gu Seoul Metropolitan City Do 351; and (b) taken the victim’s legs and macks using an ONE smartphone with the function of taking pictures of the Kameras; and (c) taken the victim’s legs and macks.

4. On June 11, 2015, at around 08:50, the Defendant: (a) accessed the victim’s bridge by using an ONE smartphone with the function of photographing the camera photographing the victim’s bridge by approaching the back of a female victim on his/her name, who was on board the subway 2 line 351, Guro-gu Seoul Metropolitan City Do Do Do Do 351.

Accordingly, the defendant taken four times against his will the body of another person who could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Photographs of the defendant;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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 48 (1) of the Criminal Act of confiscation;

1. The order of provisional payment;

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