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(영문) 서울중앙지방법원 2016.09.23 2016고단4829
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 May 8, 2016, at around 11:02, the Defendant taken screen pictures of approximately 18 seconds of the victim F (e.g., the age 25) using S6 mobile phone camera functions in the gallon line E station in Dongjak-gu Seoul Metropolitan Government, for approximately 8 seconds, from around November 8, 2015 to May 8, 2016, the Defendant taken 72 buckbucks, such as the victim F, etc., on a total of 80 occasions, as indicated in the list of crimes, in total.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of seized articles, records of seizure and photographs of the place of crime;

1. Investigation report (the image of the body part of the victim taken by the person under investigation);

1. 80 copies of a photograph of a victim's body-fix, a CD of the victim's body-fluore image, a CD of the victim's body-fluore image, a crime sight tag, a video screen to the victim's body-fluore image, a photograph, a crime sight CD, and a representative photograph of each criminal fact on the list of crimes committed;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Crimes and the Selection of Punishment, etc. (Selection of fines in consideration of the fact that the defendant is the primary offender, the fact that the defendant has agreed with the victim whose identity has been confirmed, the defendant is currently a university student at the age of 20th first and second, and the fact that the defendant led to the crime in this case and is against his depth);

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 334(1) of the Criminal Procedure Act provides that a defendant who has registered personal information of this case shall be punished by a sexual crime in the event that a conviction becomes final and conclusive on the instant criminal facts.

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