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(영문) 서울서부지방법원 2017.01.25 2016고단2742
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 31, 2016, at around 23:01, the Defendant: (a) carried out the Defendant’s smartphone photographing function after the victim E (n, 28 years of age) who was getting an escalator from the exit area No. 3 located in Mapo-gu Seoul, Mapo-gu, Seoul; (b) carried out the Defendant’s smartphone photographing function; and (c) taken the body of the victim’s body under the center of the victim’s body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An investigation report (in cases of attaching the screen images stored in the cell phone of the seized suspect);

1. Application of seizure records and statutes concerning the list of seizure;

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

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

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

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

1. The Defendant appears to have taken the body of another person for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which appears to be the first time to have taken the body of the latter (the 29th page of the investigation record). However, the images taken on August 22, 2016 appears to have intentionally taken the body of another person (the 29th page of the investigation record). The images taken on August 22, 2016 reflects the unfavorable circumstances and crimes, such as the fact that the victim seems to have suffered a considerable sense of sexual shame in light of the recording book, etc., and reflects the fact that the pictures are not distributed, that the pictures are not distributed, that the victim made efforts to recover damage by paying KRW 5 million to the victim, and received them from the victimized person, and that the amount of fine is determined as ordered. When a conviction on the criminal facts subject to registration becomes final and conclusive.

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