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(영문) 서울중앙지방법원 2013.07.26 2013고단3329
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine not exceeding 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a Chinese Chinese-style person who has no certain occupation.

1. On May 23, 2013, at around 06:29, the Defendant taken 53 photographs of the parts of the victimized women’s bridge 53 times, using the so-called “fluored camera,” which was carried on his own LG LU-6200 smartphone, which was owned by himself, with a camera function, inside the train train of the Seoul subway No. 2, Seoul subway No. 2014, May 23, 2013.

2. At around 07:40 on the same day, the Defendant taken a photograph of the finites of female students, who suffered the examination finites, using the method described in the above 1. Paragraph 1. on the same day.

3. At around 08:16 on the same day, the Defendant taken 12-time the front side of a female bridge on the name unexploded in the front line of Seoul subway No. 4, which was frighted in the manner described in paragraph 1.

4. At around 08:25 on the same day, the Defendant taken 50 times the finites of the victimized women suffering from the finite finite in the color background based on the method described in the foregoing paragraph 1.

Accordingly, the defendant taken the body parts of the body that arouses sexual humiliation or sense of shame against the will of the victimized female.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (Analysis of seized articles) and photographs thereof;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 28, 2012) applicable to the crime

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the provisional payment order is not easy in light of the frequency of the crime in this case, but has no record of the same kind of crime.

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