logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.01.11 2016고단3574
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. 피고인은 2015. 4. 3. 10:18 경 B 역에서 에스컬레이터를 타고 올라가던 중 바로 앞에 서 있는 성명을 알 수 없는 검정 핫팬츠를 입은 20대 여성인 피해자를 발견하고, 피고인의 휴대폰 카메라로 피해자의 다리를 몰래 그 의사에 반하여 촬영한 것을 비롯하여, 그 무렵부터 2016. 6. 14. 경까지 별지 범죄 일람표 기재와 같이 총 4회에 걸쳐 피해자들의 치마 속 또는 다리를 촬영하였다.

2. On June 26, 2016, at around 17:26, the Defendant discovered a female female victim who had 20 fluenced flaced flaced flaced flaced flaced flaced flac in the front of the Defendant at the front line C2, which was operated in the direction of a lock room in Seoul Newcheon Station, and taken the Defendant’s cell phone camera with the Defendant’s cell phone camera, taken the victim’s back flacing flacing, and did not arrest the victim’s flac to the Seoul subway security officer, and did not commit an attempted crime.

Accordingly, the Defendant taken or attempted to take photographs of another person’s body, which may cause sexual humiliation or shame, by using devices with similar functions, five times in total, against the will of the latter, or did not bring about such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of victimized women;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs, such as cameras, the selection of fines), Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of attempted taking photographs, such as cameras, and the selection of fines) concerning the crime;

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 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

arrow