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(영문) 서울북부지방법원 2016.05.12 2016고단2
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On October 1, 2015, the Defendant: (a) 22:40 on October 1, 2015, 2015, she boarded the subway from the subway C station located in the subway C station located in the subway station located in the subway station B; and (b) taken one-time a female victim’s bridge with a nameless female victim, who was seated with a short fluench with the Defendant who was equipped with a non-fluence camera in the said subway, operating to the street stations, using a telephone carried phone 6.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On October 8, 2015, the Defendant: (a) on October 21, 2015, 2015, she boarded the subway station B from the subway station C in the subway station 4 located in the Gu, and took a photograph of the victim D (n, 34 years of age) on the 11-time bridge level of the victim D (n, she), who was seated with a shorter fright in the subway section within the subway station in the subway station located in the Personnel Deckwon Station in the same manner as that of the preceding paragraph, in the subway station.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. One copy of the photograph taken on October 8, 2015, and one copy of the photograph taken on October 1, 2015;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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