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(영문) 서울중앙지방법원 2019.05.03 2018고단7768
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Criminal facts

1. On May 18, 2017, at around 08:54, the Defendant taken the body of the victim against his/her will, by photographing the body of the victim, who might cause sexual humiliation or sense of shame, from the D urban bus operated in the direction of the C latter part of Suwon-si, Yongsan-gu, Seoul Metropolitan Government, via the Kamera function of mobile phone (Evidence No. 1).

2. On July 12, 2018, at around 07:45, the Defendant taken a photograph of the victim’s body against his will that could cause sexual humiliation or shame by photographing the body of the victim E (tentative name, leisure, 30 years old) who was sitting in a side by using the camera function of mobile phone camera at the victim’s bus operated in the direction of Suwon-si, Yongsan-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Evidential video CDs;

1. One of the statutes applicable to the seized Samsung Tallon S7 mobile phones (No. 1);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018) and the selection of fines, respectively, for the pertinent provision on criminal facts and for the selection of punishment of sexual 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are in light of the background and contents of the instant crime, and the method of frequency of the crime.

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