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(영문) 서울남부지방법원 2016.10.28 2016고단4004
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. On April 21, 2016, at around 22:00, the Defendant taken the part of the victim’s bridge in his name, waiting for subway by using LGVV10 smartphone camera at the platform of the E Station 3 subway line in Seocho-gu Seoul Metropolitan Government, and posted the photograph on the Internet website F bulletin board around that time.

2. On April 22, 2016, the Defendant, at the rest area in front of the building located in Geumcheon-gu Seoul Metropolitan Government, taken the part of the victim’s bridge with his name in return for using LGV 510 smartphone camera, and posted his photograph on the Internet bulletin board at around 17:04 on the same day as “the smoking area in front of the building located in Geumcheon-gu Seoul Metropolitan Government.”

As a result, the Defendant took photographs of the parts of the body, etc. which may cause sexual humiliation of victims due to their non-name, against their will, and displayed them openly.

Summary of Evidence

1. Defendant's legal statement;

1. Application of investigation reports, circumstances of obtaining intelligence, etc. and photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes and Selection of Punishment Thereof;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant taken a body part that may cause a sense of sexual shame for victimized women on two occasions; (b) the nature of the crime is not good; (c) there is a need to strictly punish the Defendant for the prevention of sex crimes using a rapidly increasing camera; and (d) the fact that victimized women would have caused a considerable sense of sexual shame if they become aware of the fact that their body was taken.

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