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(영문) 서울중앙지방법원 2016.10.25 2016고단5847
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. At around 18:00 on July 21, 2016, the Defendant taken a video image of the body part of a female victim, such as bucks, sucks, and spawal, where it is difficult to find out that a female victim’s name was a knch short knife by using the knife function of the cellular phone inside the D Station located in Jongno-gu Seoul Metropolitan Government, Jongno-gu.

Accordingly, the defendant taken the body of another person, who may cause sexual humiliation or shame, using a mobile phone with the camera function, against his will.

2. On August 16, 2016, at around 08:03, the Defendant taken a 25 seconds image of the lower body, such as the buckbucks, paper, etc. of female victims, where it is impossible to find out the name of receiving a white buck in the form of black water, using the mobile phone camera function of the cellular phone in the outer located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Accordingly, the defendant taken the body of another person, who may cause sexual humiliation or shame, using a mobile phone with the camera function, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (in addition to the facts of crime, analysis of seized articles, and attaching photographs to the suspect's photographic images taken);

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to a mobile phone or a caps photograph, or to caps on dynamic images;

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

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

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 defendant who has registered personal information of this case under Article 334(1) of the Criminal Procedure Act shall be punished for sexual crimes in a case where a conviction becomes final and conclusive on the criminal facts of this case.

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