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(영문) 서울중앙지방법원 2016.05.25 2016고단1355
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 4, 2016, around 13:48, the Defendant discovered that female victims were earlier, from the subway 1 line D, subway 1 line in Guro-gu Seoul Metropolitan Government, the Defendant carried out the camera function of the mobile phone, and then taken a screen image of the lower body part of the Cheongpa-Ma worn by the victim.

2. The Defendant, at around 13:49 on the same day and at the same place, taken a dynamic image of a female victim with his her name, who weared a white skiing in the same manner, and his her her her mare and his her body mared.

3. The Defendant, at around 13:52 on the same day and at the same place in the same manner, taken the body part of the victim E (V, 15 years old), who wear a cot in the same manner, of the same body part of the body part of the victim E (V).

Accordingly, the defendant taken the body parts of the victims who could cause a sense of sexual shame against the victims' will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Application of the photographic Acts and subordinate statutes to a photographed victim's mobile phone image;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the following specific circumstances and the sentencing conditions as stated in the pleadings, including the Defendant’s age, sex, home environment, and circumstances before and after the crime, and the sentence like the order is determined.

E, one of the victims is a number of victims, and one of them is a minor who is 15 years of age, recognizes his or her mistake as a minor, and reflects his or her reflects so far, the victim E (a minor is a minor, and a legal representative F is a minor.

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