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(영문) 서울동부지방법원 2015.10.29 2015고단1623
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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. On December 21, 2014, at around 12:46, the Defendant taken photographs of the victim D (n, 26 years of age) in the “C” photographer for the Defendant’s operation on the 3rd floor of the Seoul Gwangjin-gu Seoul Special Metropolitan City building B, and taken pictures against the victim’s will, taking advantage of the gaps in which the victim confirmed the above pictures, putting the Defendant’s cell phone device into the victim’s pande inside the victim’s pande, and taking the victim’s cell phone device back from the victim’s back to the victim’s pande, which may cause sexual humiliation or sense of shame by using the video photographing function of the aforementioned cell phone device.

2. On January 11, 2015, at around 12:25, the Defendant taken pictures of the victim E (n, 24 years of age) at the places indicated in paragraph (1) and taken pictures against the victim’s will, using the gaps in which the victim confirmed the above pictures, by inserting the Defendant’s cell phone into the victim’s body body, and by using the video photographing function of the aforementioned cell phone devices, taken the part of the victim’s bridge with panty and the part of the victim’s bridge, which may cause sexual humiliation or sense of shame, by inserting the Defendant’s cell phone into the victim’s body.

3. On January 16, 2015, at the place specified in paragraph (1) around 18:40, the Defendant taken a photograph of the victim F (n, 26 years of age) and taken a video image against the victim’s will by inserting the Defendant’s cell phone into the victim’s body body and inserting the Defendant’s cell phone into the victim’s body body and using the video recording function of the aforementioned cell phone device to induce sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of each victim in E and D;

1. An investigation report (number 6), an investigation report (on hand, restoration of cellphones), and an investigation report (verification of video files recorded by the restored victims);

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

1. Relevant provisions concerning facts constituting an offense and the punishment, etc. of each sexual crime selected;

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