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(영문) 서울중앙지방법원 2014.07.18 2014고단3513
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. On May 12, 2014, at the subway station around 18:25, the Defendant committed a crime in the subway station: (a) performed the Defendant’s mobile phone camera function in the subway station located in Gangnam-gu Seoul Metropolitan Government; (b) taken a picture of a woman’s lower body part of his body, whose name cannot be known by suffering a white sker, using a white sker; and (c) taken a video of one minute 36 seconds of his lower body at the time of going up to the flood station.

2. Crimes committed in the Gangnam Station of subway stations;

A. At around 18:35 on the same day, the Defendant: (a) went back to two women, who are unable to know the names of blue and black chronma from the stairs of the subway line located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, the Defendant taken a video screen of 33 seconds of the body part of the Defendant’s cell phone camera function, thereby performing the Defendant’s mobile phone camera function.

B. At around 18:36 on the same day, the Defendant took a video image of the Defendant’s cell phone camera function and took a video image of 1 minute 16 seconds by performing the Defendant’s mobile camera function.

C. At around 18:40 on the same day, the Defendant listed the name of a woman who was unable to know the name of the Defendant who was examined in the stairs located in the subway Station No. 11 in the subway Gangnam Station No. 11, and used the Defendant’s mobile phone as a knive hand, carried out the video function, and took the victim’s knife and 16 seconds of a knife image.

As a result, the defendant took a brupt image against his will that causes sexual humiliation or shame to five women whose names cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Report of investigation (Application of Acts and subordinate statutes to analysis of seized articles);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. The Act on May 14, 2014, which was amended by the former Criminal Act.

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