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(영문) 서울중앙지방법원 2015.08.21 2015고단3708
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On May 13, 2015, around 19:08, the Defendant taken photographs of the body part of a female victim’s body, which might cause sexual humiliation or shame, on 13 consecutive occasions, and taken against his/her will another person’s body against his/her will, in which it is impossible to know the name of Cheongbane suffering from the front-dong vehicle operating in the direction of the shift station in the south-line terminal station of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, 292 subways 3, using the Defendant’s mobile phone.

2. On May 13, 2015, at the Seocho-gu Seoul Metropolitan Government Seocho-gu, the Defendant taken photographs of the body part of a female victim, such as her tamp, etc., on 149 consecutive occasions, in which it is impossible to identify the names being tested in the 287 subway No. 2 transfer stairs of subway No. 2, as seen above, on May 13, 2015, the Defendant taken photographs of the body of another person, which may cause sexual humiliation or shame, against his will.

3. On May 13, 2015, the Defendant, at around 19:24, as Gangnam-gu Seoul, taken pictures of the parts of the body of another person who might cause sexual humiliation or sense of shame, such as her turb, but not limited to 104 times in which it is impossible to find out the name of shielding the stairs from the outest stairs of 396 Gangnam-gu, Gangnam-gu, Gangnam-gu, 11 using the aforesaid methods, and taken pictures of the parts of the female victim, such as her turb, in which turb

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was taken by the victim who was fasted or who suffered a short flabama or flaba.

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