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(영문) 서울중앙지방법원 2016.03.11 2015고단8319
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

1. On September 2, 2015, around 18:22, the Defendant taken the body of another person, who could cause sexual humiliation or sense of shame, by photographing the body part of the body part of the female victim, whose name cannot be ascertained by using mobile phones 7 from the subway 7 line D (FE) in Dongjak-gu Seoul Metropolitan Government, using mobile phones, as screen pictures, and taken the body of another person against his/her will.

2. On September 3, 2015, at the same place as a mobile phone No. 00:13 around September 3, 2015, the Defendant taken the body of another person, which may cause sexual humiliation or shame, by photographing the body part of the body part of the female victim whose name cannot be ascertained by using a mobile phone, as video, against his/her will.

3. On September 5, 2015, at around 22:10 on September 5, 2015, the Defendant taken the body of another person, who might cause sexual humiliation or sense of shame, by photographing the body part of the body part of the female victim, whose name cannot be known by using a mobile phone, in video, at the same place as paragraph (1).

4. On September 9, 2015, at around 00:21, the Defendant taken pictures of the body part of the body part of the victim E (the age of 23) using a cell phone at the same place as that of paragraph (1) of the same Article, and taken pictures against his/her will, by photographing the body part of the body part of the victim E (the age of 23), which may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Investigation report (Attachment, etc. of moving pictures and videos stored in a mobile phone);

1. Application of Acts and subordinate statutes on seizure records;

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

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognized his mistake.

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