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(영문) 서울남부지방법원 2013.10.15 2013고단3011
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 22, 2013, at around 13:06, the Defendant taken videos of the body body, etc. of the said victim with gallon 2 mobile phone camera, which was possessed by the victim who could not know his/her name in the E store located under the underground floor of the Yangcheon-gu Seoul Metropolitan Government D Building, using the gallon thalthothro, in which he/she reported his/her books

Accordingly, the Defendant taken the body of the above victim against the intent of the above victim, which could cause sexual humiliation or shame by using the camera.

2. At around 13:24 on the same day, the Defendant taken a video image of the body, etc. of the victim, where the name bearing the same book is unknown in the same manner as at the place under paragraph (1) of this Article.

Accordingly, the Defendant taken the body of the above victim against the intent of the above victim, which could cause sexual humiliation or shame by using the camera.

3. At around 14:16 on the same day, the Defendant taken a balthro screen image of the victim F (V) using galthothical cell phone 2 mobile phones in the first floor E underground floor of the Yangcheon-gu Seoul Metropolitan Government D Building.

Accordingly, the Defendant taken the body of the above victim against the intent of the above victim, which could cause sexual humiliation or shame by using the camera.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (verification report of the contents of the motion picture);

1. Application of F’s written Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the body part of the victim taken by the defendant, and the defendant is punished for the same kind of crime.

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