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Reasons
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(영문) 의정부지방법원 2016.11.30 2016고단4193
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who causes the company.

1. On July 27, 2016, the Defendant taken pictures of the victim’s body part, which could cause sexual humiliation or sense of shame, by photographing her amb and leg part of the victim’s ambane, which was short in the front line of subway line 7, using the camera function of smartphones owned by the Defendant, within the subway line 7.

2. On July 27, 2016, at around 21:33, the Defendant taken a film of the victim’s body part, which could cause sexual humiliation or sense of shame, using the camera function of smartphones owned by the Defendant, on the platform of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and subway 7, and taken against his/her will.

3. On July 28, 2016, at the subway E station transfer stairs located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant taken a photograph of the victim’s body part, which might cause sexual humiliation or sense of shame, by photographing the part of the victim’s tamp and the tamp, which was short, using the smartphone’s camera function owned by the Defendant, from the subway E station transfer stairs located in Gwangjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each screen picture;

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Application of the video CD-related statutes;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing of Article 48(1)1 of the Criminal Act is that the crime of this case is not good, and the degree of the crime is heavy.

However, the defendant has no previous criminal record, and the defendant has depth.

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