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(영문) 서울중앙지방법원 2017.02.15 2016고단8547
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

1. The Defendant committed the crime on August 1, 2016 using the cell phone camera function in Seoul Special Metropolitan City Gwangjin-gu, around 19:22, around August 1, 2016.

The female victim's fucks and bucks were exposed to a short fucker's name, and the victim's bucks and bucks were exposed to video images between approximately 27 seconds after the victim's death.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

2. On September 10, 2016, around September 19, 2016, the Defendant, using the cell phone camera function in Jung-gu, Seoul, a mobile phone device located in D, was deprived of her will to wear a cap, and taken a photograph of the victim F (the son, the son, the son, and the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s body

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A written statement of the G production;

1. A protocol of seizure and a list of seizure;

1. Investigation report (related to digital siren replies);

1. A report on investigation (to hear statements by shots);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from a victim);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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 a provisional payment order shall be issued.

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