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(영문) 서울서부지방법원 2016.01.14 2015고단2491
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. On September 15, 2015, the Defendant, around 07:30 on September 15, 2015, 2015, posted a numberless bus on board at the bus stops located in the Mapo-gu Seoul Metropolitan Gyeyang-ro 160, into the body of the victim with his/her name influence, and taken video images against the victim’s will that may cause sexual humiliation or shame by using a camera buried in a smartphone.

2. On September 16, 2015, around 20:38, the Defendant taken visual images against the victim’s will, on the front side of the subway No. 2 located in Mapo-gu Seoul Mapo-gu, entering the entrance station of the subway No. 2, with smartphones, on the front side of the subway No. 2, the Defendant taken a dynamic image against the victim’s will.

3. On September 16, 2015, around 20:45, the Defendant: (a) laid an escalator at the entrance station of subway 2 located in Mapo-gu Seoul Mapo-gu, Seoul; (b) laid up smartphones into the mouth of the victim C (n, 29 years old); and (c) taken a video image of the part of the victim’s clothes and bucks that may cause sexual humiliation or shame using a camera buried in smartphones against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to report on investigation (to take photographs of cellphones);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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. When a conviction on a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the defendant shall be punished by a sexual crime.

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