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(영문) 서울남부지방법원 2019.03.27 2018고단6403
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 August 30, 2018, the Defendant, in the process of taking a bus (D) at the bus stops (C) prior to the sub-city B in Bupyeong-si on August 30, 2018, taken pictures of the body parts of the victim E (n.e., 21 years old), which could cause a sense of sexual shame by using his cellular phone (ggal gallon) in order to satisfy his/her sexual desire.

2. On September 7, 2018, the Defendant, in the course of taking a bus (D) at the front bus stops (G) located in Bupyeong-si, Busan, on September 16:07, in order to satisfy his/her own sexual desire, taken a video image of the body parts of the victim H (n, 22 years of age) that may cause a sense of sexual shame by using his/her cellular phone (ggal gallon) in order to satisfy his/her sexual desire.

3. On September 7, 2018, at around 16:46, the Defendant taken visual images of the body parts of the victim’s cellular phone, which may cause a sense of sexual shame by using his own cellular phone gallon, in order to meet his/her own sexual desire in the escalator that he/she transferred from J Station 7 line in Guro-gu Seoul Metropolitan Government I to 1 line.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame over three times against their will.

Summary of Evidence

1. Defendant's legal statement;

1.Each statement of K, E, and H:

1. The police seizure record and the list of seizure;

1. 12 Application of the 112 Reporting Report List and investigation report (damage photographs of women in distress of the suspect taken) Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for 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 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Children and juveniles subject to employment restrictions;

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