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(영문) 서울중앙지방법원 2017.03.15 2016고단8497
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant from March 4, 2016 to the same year.

5. From April 28, 2016 to March 13, 2016, while working as an employee in D’s store located in Jung-gu Seoul, Jung-gu, Seoul, around 16:05, the Defendant-owned gallon-type gallon-type gallon-type galloned smartphone 4 smartphones, which is the Defendant-owned in D, and then covering smartphones with the victim E (n, 22 years of age) who took photographs of parts, such as the victim’s bucks, using the above smartphone functions, from around 13 times until May 13, 2016, the victim’s body body body part, such as falp bucks, etc., in total as indicated in the attached list of crimes, was taken by the victim.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mechanical device with a camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, I, and E;

1. A anonymous report document;

1. Application of the provisions of Acts and subordinate statutes to photograph the suspect, evidentiary materials, and photographs showing the face of the suspect, submitted by the complainant;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order and the method and form of the instant crime, the Defendant’s age, sex, criminal conduct, home environment, and circumstances before and after the instant crime are determined by comprehensively taking account of the following factors and the sentencing conditions as indicated in the pleadings.

There are circumstances in which the accused denies the crime at the investigation stage and tried to destroy evidence, such as removing the cellular phone in advance.

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