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(영문) 서울중앙지방법원 2016.10.07 2016고단3471
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine not exceeding five 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 May 22, 2016, at around 14:28, the Defendant taken the part of the victim’s buckbucks located in the E store located in the first floor in Jung-gu Seoul, Jung-gu, Seoul, using the FUJJIFLM FinePx J40 Kara, in the name of the victim who suffered verification flusium, and caused the victim’s buckbucks.

2. At around 15:20 on the same day, the Defendant, using the above camera, taken a photograph of the parts of the victim’s buckbuck paper in the name in which the flus pattern in white flus and blue lusium flusium flus in black flus in the above E burial.

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

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. In accordance with Article 218 of the Criminal Procedure Act, a public prosecutor or judicial police officer may seize articles left behind by a suspect, etc., or articles voluntarily submitted by an owner, possessor, or custodian without a warrant. As such, articles to be voluntarily submitted by a possessor, etc. at an arrest site or at a criminal place may be seized without a warrant under the above provision. In such cases, a public prosecutor or judicial police officer need not obtain a warrant after the search and seizure without a warrant (see Supreme Court Decision 2015Do13726, Feb. 18, 2016). In addition, where a warrant of search and seizure is issued, articles subject to seizure should not be limited to articles directly related to the criminal facts themselves of the search and seizure warrant. To the extent that there is a considerable reason to suspect that the criminal facts of the search and seizure warrant and basic facts are related to the same or similar criminal acts, the seizure may be conducted to the extent that the first female police officer of the Seocho-gu on the road following the witness’s name in Seoul Special Metropolitan City (see Supreme Court Decision 2009Do2649, Jul. 23, 16, 2016.

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