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(영문) 서울북부지방법원 2018.02.08 2017고단5213
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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 September 4, 2017, the Defendant, on September 4, 2017, recorded several physical parts against his will, such as a son’s bridge, etc. in the name in which the Defendant was in possession of a cell phone at the bus stops located in the front of the D apartment on September 4, 2017, using a video function of 6-phones, from a mobile phone, which was located at the bus stops in front of the D apartment on September 4, 2017.

2. On September 4, 2017, around 13:08 on the same day as paragraph (1) 1, the Defendant: (a) taken a film of the entire body part of the Victim G (V, 17 years old); (b) taken a dynamic image against his/her will, in light of his/her intent, the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

After all, the Defendant taken photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A CD or a photograph of a video closure;

1. Application of seizure records and statutes concerning the list of seizure;

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. The main sentence of 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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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