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(영문) 서울서부지방법원 2016.01.14 2015고단2315
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, from around 17:51 on August 14, 2014 to around 18:11 on the same day, taken a photograph of the part of the victim’s name in the LG-G package PC 1, the victim’s name in secret, the victim’s name in secret 2, and the victim’s name in secret 3 of the victim’s name in secret PC within the bus No. 373 operated by Seodaemun-gu Seoul, Seodaemun-gu, Seoul as the north-dong-dong.

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. From around 17:42 on August 20, 2015 to around 18:11, the Defendant taken up the 760 stude PC of the victim B (V, 19 years old) and the victim’s name influore 4 parts of the son’s name.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement C and D;

1. Police seizure records;

1. Application of Acts and subordinate statutes on the analysis of digital evidence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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. Where a conviction on a sex crime subject to registration becomes final and conclusive, the Defendant shall obtain personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is subject to the obligation to register and register personal information under Article 334(1) of the Criminal Procedure Act.

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