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(영문) 대전지방법원 서산지원 2015.02.13 2014고단1050
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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The sentence of sentence against the defendant shall be suspended.

Seized gallon lusium4 (SHV-E300 L) (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On October 24, 2014, from around 23:57 to October 00:17, 2014, the Defendant taken the body of the female, who is likely to cause sexual humiliation or shame, using a smartphone with the above Kamermera function, in the side partitions of the female toilet of the first floor in Jinjin City, the victim’s name is unknown, and the body of the female, who is able to cause sexual humiliation or humiliation, was taken against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and F;

1. Police seizure records;

1. Notification to each department related to reporting 112 cases;

1. Application of the relevant photographs and the Acts and subordinate statutes of the mobile phone mermographic photo;

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

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act provides that the defendant reflects his fault in depth, has no previous convictions against the defendant, and the occupation, age, crime

1. The defendant asserts to the effect that the photograph taken by himself does not constitute a photograph taken of “the body of another person that may cause sexual humiliation or shame” under Article 48(1)1 of the Confiscation Criminal Act.

Whether the recorded body of another person may cause a sexual humiliation or sense of shame is objectively determined or not, in addition to taking into account whether the body falls under the body that may cause a sexual humiliation or sense of shame from the standpoint of the general and average person of the same gender, age group as the victim, and the degree of exposure of the victim, as well as the background leading up to the photographer’s intent, the place and degree of filming, and the distance of photographing, and the image of the taken body.

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