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(영문) 서울서부지방법원 2016.06.17 2016고단70
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

On December 22, 2015, the Defendant: (a) around 22:10 on December 22, 2015, entered the “C” singing practice place located in Mapo-gu Seoul, Seoul, into a female toilet located in the said singing practice place; and (b) stated that the Defendant entered the said toilet to have the victim’s body part and the body part of the victim and the form that the victim sees the change.

In other words, the Defendant, at the seat, opened the door of a female toilet with which the said victim reported a meltion, and operated the camera with the recording function of the aforementioned mobile phone camera and divided the camera into a photographer.

In addition, the Defendant, in the future, taken the hand of the above toilets where the cell phone is located, into the screen of the above toilets, and taken the body part of the victim, and the form of the victim’s appearance, which can cause a sense of sexual shame from the above side, by plucking, plucking up the hand, and then may cause a sense of sexual humiliation of the victim.

Accordingly, the defendant invadeds on the room possessed by the above victim, and photographs the body part of the victim who could cause a sense of sexual shame by using the camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of Acts and subordinate statutes 6 (No. 1) phiphones;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion by room), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs by camera, etc.), and the selection of fines, respectively, for the crime;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

5. Article 48 (1) 1 of the Criminal Act to be confiscated;

6. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. Unfavorable circumstances: The mental impulse of the victim is deemed to be considerable;

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