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(영문) 광주지방법원 2017.01.25 2016고단4855
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2016 Highest 4855"

1. On August 30, 2016, the Defendant, on August 30, 2016, taken a photograph of the victim’s bridge by reporting the victim’s name and influenite from the subway C Scar in the Gwangju Mine-gu, Gwangju, the Defendant, at around 19:12, on August 30, 2016, on the part of the victim’s bridge.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame by using a camera against his will.

2. On August 31, 2016, the Defendant, around 14:15, 2016, accessed from the subway E Ssplate located in Gangnam-gu Seoul Metropolitan Government, Seoul, the victim F (n, 20 years old) behind the victim’s back, and taken the cell phone camera in which the video filming was carried out, under the victim’s body, and the victim’s cell phone camera was exposed to the victim’s body.

Accordingly, the defendant taken the body of the victim who could cause a sense of shame by using a camera against his will.

On August 6, 2016, the Defendant: (a) around 13:10 on August 6, 2016, the five-story female toilets in Gwangju Mine-gu, Gwangju, in the open space; (b) the sound entered the toilet in the next partitions by the victim H (name, n, age 29) was placed in the front partitions and the mobile phone with the camera function in the camera function was placed in the front partitions; and (c) taken the shape of the victim who was found to be melted while exposing clothes off.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

[2016 Highest 4855]

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Photographs or investigation report taken by the victim (the result of the digital siren restoration for suspect's smartphones);

1. Records of police seizure and list of seizure [2016 senior order 5615];

1. Statement by the defendant in court;

1. The police of H (Gam).

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