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(영문) 서울북부지방법원 2016.04.14 2016고단42
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 23, 2015, around September 23, 2015, the Defendant, on September 14:23, 2015, screened a mobile phone camera within the shopping bags No. 9 located in Mapo-gu Seoul Mapo-gu Seoul, and used the cell phone camera inside the shopping bags produced by the Defendant in Mapo-gu, Seoul, and taken a picture of approximately 3:41 seconds of the part of the body part of the pathro of the infined female victim who suffered a satus in the satus of batus.

2. On September 23, 2015, the Defendant, at around 14:3 around September 23, 2015, took a video recording between approximately 10:23 minutes of the body part of the body part of the influent female victim who suffered a test color fluor, which had passed the place in the same manner as that of 1:3 around September 23, 2015, at the location of port 1.

3. On September 23, 2015, the Defendant, at around 15:48 around September 23, 2015, took a video image of the body parts of the doping-rayed female victims, who suffered doping-raying flaps that passed through the same method as the same on September 23, 2015, at a port of port on September 15, 2015, around 8:39 seconds.

4. On September 23, 2015, the Defendant, at around 15:58 around September 23, 2015, took a screen image of the body part of a female victim suffering from a test color flaps, which had been passing through the same method as paragraph 1. On September 23, 2015, at around 15:58, around 9:46 seconds.

Accordingly, the defendant taken four times against his will another person's body that could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of seized articles as evidence;

1. An investigation report (Attachment of seized articles);

1. Application of statutes on records of seizure and lists of seizure;

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

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. An order of disclosure; and

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