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(영문) 서울남부지방법원 2016.01.15 2015고단4805
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No photograph of another person's body, which may cause sexual humiliation or shame, shall be taken against the latter's will by using a camera or other similar mechanism.

1. On September 11, 2015, at around 09:35, the Defendant taken a photograph of another person’s body against his/her will that may cause sexual humiliation or sense of shame, taking a part of the body of a woman under his/her name, who was seated with the Defendant’s cell phone camera function, using the Defendant’s cell phone camera function.

2. On September 21, 2015, at around 13:04, the Defendant taken pictures of another person’s body against his/her will that could cause sexual humiliation or sense of shame, taking pictures of the body of another person, in the elevator of DNA buildings in Mapo-gu Seoul Metropolitan Government, using the Defendant’s mobile phone camera functions.

3. On October 18, 2015, at around 17:23, the Defendant taken pictures against his will another person’s body, which might cause sexual humiliation or shame by taking a body part of the body of a woman who was listed in the front stairs using the Defendant’s cell phone camera function in the vicinity of 9-line Hong-ro, Seoul Mapo-gu, Seoul, 160 (Dong Dong Dong Dong Dong Dong Dong Dong Dongdong) under the ground, 160 (hereinafter referred to as “the Defendant’s cell phone seat”).

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each investigation report (the physical part of a female victim's body, the suspension of images, the extraction of photographs, and the application of Acts and subordinate statutes);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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