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(영문) 서울중앙지방법원 2015.09.25 2015고단5042
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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 April 13, 2015, around 15:14, 2015, the Defendant accessed a female victim’s back from his/her galogle 101 on the galogle 101, Gangnam-gu, Seoul, to the galogle 4 smartphone in which the victim’s galogle embling function is inside the galocle 15:14.

2. At around 15:18 on the same day, the Defendant accessed a female victim’s rear from his/her name influorial galogle4 smartphone in which the victim’s galogle thalogle4 smartphones are installed, and taken the victim’s her son and her bridge.

3. At around 15:20 on the same day, the Defendant accessed a female victim’s rear on his/her name in front of the exit 11 in Gangnam-gu, Gangnam-gu, and taken a photograph of the victim’s gallon, using gallonno-4 smartphone in which the victim’s jum and bridge functions are contained.

Accordingly, the defendant taken three times against his will the body of another person who could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes;

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

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. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order are to have taken pictures of the parts exposed to victims who suffered a short or anti-competuant body, and the degree of damage is not serious, and the defendant has a record of being punished by a fine of one million won for the same crime in 2005.

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