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(영문) 서울동부지방법원 2018.12.20 2018고단3550
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

On June 15, 2018, around 19:41, the Defendant taken several photographs of the victim’s chests and the bridges using mobile phone camera functions in which the Defendant discovered a female suffering from a name influorous damage caused by a white bluor and yellow fluor in the subway train, which passed through the Songpa-gu Seoul and Seocho-gu (Seoul).

As a result, 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.

In addition, the Defendant taken the body of the victims against their will who could cause sexual humiliation or shames by using the cell phone camera function of the Defendant at least six times from June 15, 2018 to June 16, 2018, such as the list of crimes, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Seizure records;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to investigation reports (verification of results of digital evidence analysis);

1. Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Selection of each alternative fine for punishment (in consideration of the fact that the accused has no past record of exceeding the same kind of power or fine and the fact that the accused is against it);

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. Where a conviction becomes final and conclusive for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the holding that the accused is subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act (such as a camera, etc.), the accused shall be punished for a sexual crime.

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