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(영문) 서울중앙지방법원 2016.08.26 2016고단3871
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Defendant,

1. On May 14, 2016, at around 23:02, the Defendant taken six photographs of the parts, etc. of the buckbucks, etc. of the victim due to the name in which the Defendant took a test color buck, using the Defendant’s camera function of the 6 smartphone 5 lines in Seongdong-gu Seoul, using the subway function of the Defendant’s cellphone 6 smartphone.

2. The same year;

5. 24. 23:04 Taking three-time photographs of the parts of the bridge of the non-victim of the victim's name who suffered doping fluories in the same manner as the above 1, from the military room platform of the above CJ No. C at around 23:04;

3. On the same day as the above 23:13 day, a screen image was taken for 42 seconds of the victim’s bucks in the name in which the bucks and bucks in the name of the victim, which suffered from the bucker in the form of a buck in the instant C basin, in the same manner as the above 13:13.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Six photographs of a record of seizure and a photophone of seized articles;

1. Report on investigation (Analysis of seized articles), application of photographic Acts and subordinate statutes;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act were as follows: (a) the method and form of the instant crime; (b) the level of photographed materials; (c) the Defendant’s age; (d) the Defendant’s sex, family environment; and (e) the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the instant crime were determined.

The defendant is guilty of a sex offense in the judgment that is a sex offense subject to registration and submission of personal information without any previous criminal records, from the beginning, that the defendant has properly recognized the crime and reflected attitude.

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