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(영문) 서울동부지방법원 2016.03.25 2015고단3790
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On June 1, 2015, the Defendant, from around 18:00 on June 1, 2015 to around 21:17 of the same day, taken photographs of the parts of the body part of the Victim G (S, 25 years old), which was seated in the “F” restaurant located in Gwangjin-gu Seoul Special Metropolitan City, and the Defendant’s cell phone located in the Defendant’s cell phone located in the Kameras.

2. On June 3, 2015, the Defendant, from around 18:00 on June 3, 2015 to around 21:00 on the same day, taken photographs of the body part of the victim’s the body part of the body of the victim from around 18:0 to the 21:00 on the same day in accordance with paragraph 1.

3. On June 16, 2015, around June 16, 2015, the Defendant: (a) laid the Defendant’s mobile phone located in the Gwangjin-gu Seoul Special Metropolitan CityJ around the K laboratory; (b) laid the Defendant’s mobile phone located in the Kameras toward the victim’s bridge; and (c) taken the body part of the victim’s body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera more than three times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police with respect to G or L;

1. I collection receipts, etc.;

1. Police seizure records and photographs of seized articles;

1. Application of Acts and subordinate statutes to investigation reports (verification of F sale slips, hearing of victim telephone statements);

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the choice of punishment has been made (see, e.g., that the defendant is an initial criminal without any previous conviction, that his/her criminal act is recognized and his/her depth is divided, that his/her photograph is not distributed by removing it, and that surrounding persons, including the defendant and his/her family members, including the defendant, have made efforts

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 order of provisional payment;

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