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(영문) 서울중앙지방법원 2015.11.27 2015고단5975
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On February 8, 2015, around 06:22, the Defendant, at the Defendant’s home located in Gwanak-gu, Seoul Special Metropolitan City C 404, taken a photograph of the Defendant’s cell phone camera by taking clothes in order to show shower D (n, 25 years of age) and entering the toilet.

2. On March 2015, 2015, the Defendant: (a) taken a cell phone camera of the Defendant, by drawing the victim’s pursuant to the above Defendant’s body, who was divingd at the victim’s house; (b) then, (c) exposed the chest to the chest; and (d)

3. On March 2015, 2015, the Defendant taken a dynamic image of the victim’s body exposed to a cell phone camera, which functioned to take a dynamic image at the home of the above Defendant, by hiding the cell phone in a shower under the boomer.

4. On April 10, 2015, at around 00:06, the Defendant taken the victim’s panty panty, who was divingd at the above Defendant’s home, into a cell phone camera, after drawing the victim’s panty to the level of sound.

Accordingly, the defendant taken four times against his will the body body of the victim who could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. Application of evidence photographs, video CD-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines (the initial crime, reflectivity, and agreement);

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 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which constitutes a sex offense subject to registration, under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the

.personal information;

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