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(영문) 서울북부지방법원 2016.07.21 2016고단1964
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 March 2015, the Defendant taken pictures of the Defendant’s cell phone cameras with the Defendant’s cell phone cameras on a telegraph, including the part of the body of the victim’s name and influence (n) in the B bus in Seongbuk-gu Seoul, which is operated by the Defendant on March 2, 2015.

2. On April 2015, the Defendant taken a photo of the victim’s name in a mobile phone camera, focusing on the part of the bridge of the victim’s name in the B bus operated in Seongbuk-gu Seoul Round.

3. On April 2015, the Defendant taken a photo of the Defendant’s cell phone camera, focusing on the part of two female students’ legs in the victim’s name, on the B bus in Seongbuk-gu Seoul, where the Defendant is operating the Seongbuk-gu Seoul Round.

4. The Defendant operated Dongdaemun-gu Seoul Dongdaemun-gu Seoul around April 20, 2015

D With a focus on the fact that the chest part of the victim E (the age of 24) was taken by the Defendant’s cell phone camera.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (with unspecified victims and accompanying pictures of crimes), female body photographs;

1. A report on investigation (a photographic analysis);

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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