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(영문) 서울중앙지방법원 2014.07.11 2014고단2304
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

On April 11, 2014, at around 19:19, the Defendant, at the school-dong, Gangnam-gu, Seoul, Gangnam-gu Office Emar (346), discovered female victims with no name, and stored the VG mobile phone in the lower part of the victim’s knife and taken a video image of the victim’s knife by inserting the cell phone in the lower part of the victim’s knife.

At around 19:20 on the same day, the Defendant continuously discovered that the victim D (at the age of 26) was seated and taken a dynamic image of the victim's bridge by using the Kamer function of the aforementioned mobile phone.

Accordingly, the defendant taken two times against his will another person's body which may cause sexual humiliation or shame by using a mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Investigation report (Attachment to a photographic photograph of a motion picture), photograph;

1. Application of investigation reports (ROM attachment cases), CD-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof. (Selection of Fine)

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

1. Articles 70 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 48(1) of the Confiscation Criminal Act, the accused 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

order to disclose personal information; or

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