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(영문) 서울중앙지방법원 2018.08.31 2018고단3868
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

On December 22, 2017, at around 18:20, the Defendant taken a part of the victim’s flamera function in front of the mobile phone located in Gwanak-gu in Seoul Special Metropolitan City, taking the flamera function of the mobile phone, and around 22:45 on the same day, the Defendant taken the flamera of the victim’s flamera using the blamera function of the mobile phone from the male-use toilets of the “E” building located in Gwanak-gu in Seoul Special Metropolitan City, to the flamera function of the mobile phone to the upper part of the flamera, thereby reporting this flamera function in the flamera function of the mobile phone.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame over twice against his will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (related to attachment of screen pictures taken by the person under investigation), investigation report (related to statements A twice by suspect A);

1. Application of the Acts and subordinate statutes to photographs by capturing a shot image of the skin;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the first offender who has no record of punishment.

Defendant recognized the fact of crime and is against it.

The crime of this case is not very good in the nature of the crime of this case to have taken the body of the victimized woman and taken the body of the victimized woman to view it as a side of the victimized woman.

In addition, the sentence identical to the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the background of shooting, the age, sex, environment, motive and result of the crime, and the circumstances after the crime.

A defendant shall be finally and conclusively convicted of facts constituting a sex offense subject to registration and submission of personal information.

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