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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 서울남부지방법원 2014.02.07 2013고단4567
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From September 23, 2013, the Defendant had been residing in Yeongdeungpo-gu Seoul Metropolitan Government B building 309.

1. On September 26, 2013, at around 18:53, the Defendant: (a) heard the voice of the victim C(s) 308, next to the above B building 309, followed by the victim C(s) and 308; (b) taken the victim’s body against his/her will, using his/her cell phone camera, photographed the victim’s body, which might cause sexual humiliation or shame, by photographing the victim’s body through the windows of 308, supra; and (c) taken the victim’s body against his/her will.

2. On October 1, 2013, at around 21:23, the Defendant taken photographs of the victim’s body against his/her will, by photographing the victim’s personal body by using his/her cell phone camera in the same manner as that of paragraph (1).

3. On October 4, 2013, at around 2:23, the Defendant taken pictures of the body of the victim who might cause sexual humiliation or sense of shame by photographing the body of the victim using his cell phone camera using his own cell phone camera in the same manner as paragraph (1).

4. On October 5, 2013, at around 22:37, the Defendant attempted to photograph the body of the victim, which could cause sexual humiliation or shame by using his mobile phone camera in the same manner as paragraph (1), from the corridor of the third floor of the above B building, but attempted to take the body of the victim against his will. However, the Defendant attempted to take the body of the victim’s aware of the victim’s wind.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the records of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Punishment, etc. of Specific Crimes, Articles 14 (1) (a) and 15, and 14 (1) (a) (a violation of an attempted to take a photograph, such as a camera, etc.), and the selection of fines;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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