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Reasons
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(영문) 서울중앙지방법원 2015.12.04 2015고단5742
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

1. Around July 10, 2015, the Defendant, on July 10, 2015, took a photograph of the body of a female victim of whom the name of the Defendant was unknown, using the recording function of a smartphone, owned by the Defendant, from an escalator that moved from the 137 Seoul subway line 7 line 7 line to 2 lines, to the Do road in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

2. On July 17, 2015, the Defendant, at the same place as before and after July 17, 2015, taken a picture of a female victim, where the name of the Defendant is unknown, using the recording function of a smartphone, which is the Defendant’s possession of the smartphone, in which the name of the Defendant cannot be identified.

3. On July 18, 2015, the Defendant, at the same place as the preceding paragraph of the preceding paragraph on July 18, 2015, taken pictures of the body of a female victim with whom it is impossible to identify the name of the source flaps in the color flain, using the recording function of a smartphone, which is owned by the Defendant, at the same time as that of the preceding paragraph.

4. On July 23, 2015, the Defendant, at around 00:58 on July 23, 2015, taken the finites of female victims, whose name is unknown, using the video recording function of the smartphone 7 line, the Defendant, at the New Tin Tin Tin Tin Tin Tin Tin Tin Tin Tin, Seoul, and New Tin Tin Tin Tin, the Defendant, located in the 76 upper street of Dongjak-gu, Dongjak-gu, Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of police seizure and list of seizure;

1. A written statement prepared B;

1. Application of the Acts and subordinate statutes to a photograph of a screen image taken by the suspect;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Order to complete a program;

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