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(영문) 서울동부지방법원 2017.06.22 2016고단4235
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Criminal record] On December 17, 2015, the Defendant was sentenced to imprisonment for 8 months in Seoul Eastern District Court for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) and two years in suspension of execution, which became final and conclusive on December 25, 2015, and is still under suspension of execution B.

[2] On July 15, 2016, at around 17:40, the Defendant discovered the victim F (one, half, and 31 years of age) who suffered scambling air retail e-lines and short blues on the subway platform located in Seocheon-si, Gyeonggi-do, Seocheon-si, Seoul, and the Defendant taken the victim’s body against his will, using a smartphone (J7 juth, Samsung G G ju) with the victim’s function, which caused sexual humiliation by exposing the victim’s back habits, bridge, and chest, and photographing the victim’s body, which might cause sexual humiliation by photographing the scambling video in the future.

In addition, from the end of June 2016 to July 15, 2016, the Defendant taken the body parts, etc. of 20 victimized women against their will over 18 times, as described in the list of offenses Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 21, and 23.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to the F;

1. Photographss and images to be restored after deletion from the mobile phone of the victim;

1. CDs, CDs (the results of digital sirens appraisal), and CDs (the photograph files of victims restored from suspect mobile phones);

1. Investigation report (the results of digital forensic appraisal of suspect mobile phones);

1. Seizure records;

1. A previous conviction: He asserts that a criminal history inquiry and investigation report (former and criminal facts confirmation) (the defendant and his defense counsel shall not have taken the body of another person, whose images or photographs taken by the defendant are likely to cause sexual humiliation or sense of shame;

The sexual humiliation or shame shall be made by using the camera or other similar devices.

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