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(영문) 의정부지방법원 2013.12.05 2013고단3529
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. On June 11, 2013, the Defendant taken up approximately two minutes of the victim’s chests against the victim’s will using a subway recording function in the subway station located in Dongdaemun-gu Seoul, Dongdaemun-gu, a subway, while getting on and off a subway, and taken the body of another person who may cause sexual humiliation or shame against the victim’s will.

2. On June 19, 2013, the Defendant taken approximately three minutes of the victim’s legs against his/her will, using the same method as paragraph 1, from among those aboard the subway 4 lines, and taken the body of another person, which may cause sexual humiliation or shame, against his/her will, by photographing about three minutes of the victim’s legs against his/her will.

3. On August 8, 2013, around 07:44, the Defendant discovered that the victim C (n, 27 years of age) took clothes short of 155 in the Pyeongtaek-dong 155 Sinyang-si, Namyang-si, and her body was taken against the victim’s will by taking approximately 1 minute of the victim’s bridge and panty part against the victim’s will by using the recording function of the camera screened image in the cellular phone. Accordingly, the Defendant taken the victim’s bridge and panty part against the victim’s will and taken the victim’s body against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of cellular phone;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012); Article 13(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a taking pictures using a camera used on June 11, 2013) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a taking pictures using a camera used on June 19, 2013 and August 8, 2013)

1. The defendant who is the defendant who is sentenced to a fine for the selection of punishment has a depth of his fault, and the defendant commits a crime of violating the Road Traffic Act.

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