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(영문) 제주지방법원 2015.07.24 2015고단635
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

1. On March 4, 2015, at around 16:40, the Defendant: (a) on March 4, 2015, on the first floor of the C building in Jeju, a female student, who was an employee, was unable to know the name of the victim who was the customer at that place, was able to take a photograph of the victim’s cell phone image; and (b) taken a cell phone under the victim’s right panty by inserting the cell phone into the bottom of the victim’s body.

2. On March 5, 2015, around 16:44, the Defendant: (a) reported that female students, who are unable to know the name of the victim who was a customer in the said “D”, did not know of the victim’s identity; and (b) carried out the Defendant’s mobile phone image photographing function; and (c) taken the victim’s bucks, panty, etc. by inserting the mobile phone into the victim’s pande.

3. On March 6, 2015, around 16:43, the Defendant: (a) reported that a female student, who was unable to know the name of the victim who was a customer in the said “D”, did the Defendant’s mobile phone image photographing function; and (b) taken the victim’s bucks and panty by inserting the cell phone into the victim’s pande.

4. On March 6, 2015, at around 17:11, the Defendant: (a) reported that the victim E (the name, 13 years of age, and female) who was a customer from the above “D”) was able to take a dynamic image of the Defendant’s mobile phone; and (b) took a buck and panty of the victim by putting the cell phone into the bottom of the victim’s buck.

5. On March 24, 2015, the Defendant: (a) around 16:30 on March 24, 2015, the victim F (name, 13 years of age, and inn) who was a customer from the above “D”) performed the Defendant’s mobile phone image shooting function using the gap in which the victim F (name, 13 years of age, and female) was bucks and panty of the victim by putting the cell phone into the center of the victim’s buck.

(i) the evidence;

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