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(영문) 서울동부지방법원 2017.12.14 2017고단3442
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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 August 18, 2017, at around 19:08, the Defendant taken up approximately seven seconds of the part of the victim in the name in which he was suffering from a shorter body pattern satis, which had been enrolled earlier using his mobile phone (opon 7 flus)’s image shooting function in the exit 1st century located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On August 24, 2017, around 19:20 on August 24, 2017, the Defendant did not commit an attempted crime, even though he tried to turn on the part of his cellular phone (Aphone 7 flus) function in order to photograph the body body of the victim in the name in which he suffered a short Cheongpa, which was placed earlier from the opening set of the opening set of the opening set of C C, No. 3, U.S. in Gwangjin-gu Seoul Special Metropolitan City, and attempted to photograph the body of the victim in order to take the body of the victim.

As a result, the Defendant attempted to take photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism. However, he attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Investigation report (Analysis of CCTV data recorded inC).

1. Application of the Acts and subordinate statutes concerning photographs by capturing the defendant's mobile phone;

1. Articles 14 (1) and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine (the first offender, the second offender, and the second offender, and other consideration);

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(1) of the Criminal Procedure Act provides that the defendant shall file for the registration of personal information and submit the criminal facts of this case.

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