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(영문) 서울중앙지방법원 2013.07.05 2013고단2988
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.

Reasons

Punishment of the crime

1. On April 28, 2013, the Defendant: (a) taken video images of the Defendant’s Samsung Galthotha, which was loaded with a camera in the stairs of the Buddhist subway station, using the Defendant’s Samsung Galthotha S3 mobile phones, for approximately 18 minutes of 18 seconds of the body part of the victim’s balthma, on account of the Defendant’s non-explosive balloned name.

2. On April 29, 2013, at around 22:36, the Defendant taken video images for about 2:20 seconds of the victim’s ambane in the name of Cheongbane located in the U.S. Malaysia in the same manner as the part in the same manner.

3. Around 23:00 on April 29, 2013, the Defendant taken screen pictures for about 50 minutes of the body part of the victim’s body in the name unexplodedd by a subway No. 4 line 877-66, a subway No. 1, Seongbuk-gu, Seoul, for about 877-66.

4. On April 30, 2013, at around 08:18, the Defendant taken video images for about 1.22 seconds of the victim’s body, due to the name and non-explosion in the stairs of the Gangnam-gu Woo-dong 821-1, Gangnam-gu, Seocho-gu, the Defendant 821-1.

5. On April 30, 2013, at around 08:35, the Defendant taken screen pictures for about two minutes of the body part of the victim’s inner flaps, due to the name in which the Defendant suffered a yellow flag in the outest escalator at No. 5 of the Defendant’s identification line in the Gangnamnam-gu, Escopter for about five minutes.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, using a camera over five times as above, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of five closure photographs of the evidence/Dong image to five Acts and subordinate statutes;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the selection of fines, etc. concerning criminal facts;

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. Confiscation Article 48(1)1 of the Criminal Act

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