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(영문) 의정부지방법원 고양지원 2017.11.23 2017고단2945
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On July 28, 2017, at around 15:32, the Defendant taken video images between 19 seconds of a woman under a name, who wears a short green fat, which was front of using the camera function of the cell phone (LG-V20, color, S/ND) owned by the Defendant, from the stairs of subway C Station 2 located in Mapo-gu Seoul, Mapo-gu.

Accordingly, 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.

2. On July 28, 2017, around 15:33, the Defendant: (a) taken screen pictures between 49 seconds, with the name-free women, who wear a short Cheongbbro in the manner of paragraph 1, from the stairs of subway C Station 2 located in Mapo-gu Seoul Metropolitan Government, using the same method as that of paragraph 1.

Accordingly, 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. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (attached to seized photographs and screen pictures of video images);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the content and method of the instant crime, the record of taking pictures, the likelihood of sexual humiliation to the victims, the recognition and reflect of the Defendant’s crime, the fact that the Defendant did not have any record of crime, and the Defendant’s age, sex, environment, sound condition, circumstances of the crime, and the circumstances after the crime.

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