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(영문) 서울중앙지방법원 2016.12.02 2016고단6654
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On July 28, 2016, around 17:07, the Defendant took photographs of the victim’s bucks, where it is difficult to find out that a female victim’s name was the short bucker who was in front of the cellular phone function in the subway line No. 1 D, which is located in Guro-gu Seoul Metropolitan Government, using the cellular phone function.

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 6, 2016, at around 21:07, the Defendant taken a video recording of the victim’s bathoe in the vicinity of the toilet, using the mobile phone camera function of the victim F (name, fat, age 28) located near the toilet near the toilets in Jongno-gu Seoul, Jongno-gu, Seoul, for about 10 seconds of the victim’s bathoe screen.

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. Defendant's legal statement;

1. Statement of the police statement concerning the F;

1. Application of CDs and photographs-related statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Selection of Fine (Consideration of a fine, the number and frequency of a fine, the place, an agreement with the victim F, the confession and reflect of a crime, and the first crime, etc.);

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. When a conviction on a sex offense subject to the registration of personal information is confirmed under Article 334(1) of the Criminal Procedure Act, the defendant shall be subject to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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