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(영문) 서울중앙지방법원 2015.09.04 2015고단4147
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

1. On May 14, 2015, at around 12:43, the Defendant taken the body of another person against his/her will, taking the body of the victim, who could cause sexual humiliation or sense of shame, by photographing the body of the victim’s body, whose name is unknown, using Samsung T-2 mobile phones located in the subway 7 line train located in the 508 Cheongdoro-ro, Gangnam-gu, Seoul, with his/her school-based 508 Cheongdoro-ro.

2. At around 22:18 on the same day, the Defendant taken the body part of the victim’s body, whose name is unknown from the subway 7 train of subway lines located in Gangnam-gu, Gangnam-gu, Seoul, which was short in the method referred to in paragraph (1), using the method referred to in paragraph (1), as a video, and taken the body of another person who may cause sexual humiliation or sense of shame against the victim’s will.

3. At around 22:25 on the same day, the Defendant taken the victim’s path-math, the body of another person, who might cause sexual humiliation or sense of shame, in a video screen, from Escrashing from the platform of subway 4 lines 1112 up to the second underground floor in accordance with the Dongjak-gu Seoul Metropolitan Government, and taken the victim’s path-math in which it is impossible to identify his name suffering from a short white source in the same manner as that of paragraph 1.

4. On May 14, 2015, at around 22:30 on May 14, 2015, the Defendant taken the body of another person, who may cause sexual humiliation or sense of shame, by photographing the body of the victim, in a video screen, where it is difficult to find out his/her name using the short verification color system in the same manner as that of paragraph (1), at the same place as that of the above paragraph (3).

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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