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(영문) 서울중앙지방법원 2014.04.16 2014고단1066
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On October 24, 2013, at around 03:43, the Defendant discovered that a female victim, who was short of a mutual influorial convenience store located in Songpa-gu Seoul, Songpa-gu, Seoul, was in the calculation of the goods in a kluter, and subsequently accessed the parts of the victim’s gallon and gallon, which was taken by using S4 mobile phones, for about 26 seconds of the victim’s gallons and macks.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. On November 24, 2013, around 02:24, at the “C” main smoking room operated by the Defendant of the first floor underground located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant taken visual images of the victim’s bridge and the bridge part of the female victim’s bood, seated in front of the Defendant, by using the cell phone with a short fluoring function, for about 1 minute 5 seconds.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

3. On January 24, 2014, the Defendant taken a video image for about 41 seconds of the victim D (the age of 27) who was seated in front of the Defendant while taking a short flag by using a cell phone with the aforementioned camera photographing function, at the smoking room of the above “C” around 22:36, 2014.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. Each statement of D, E, and F;

1. Investigation report (investigation of analysis of evidentiary videos);

1. Application of the Acts and subordinate statutes to photographs of motion pictures;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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