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Reasons
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(영문) 서울남부지방법원 2018.04.11 2017고단6502
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 August 16, 2017, between around 16:00 and around 17:00, the Defendant, at the bus stops in front of Yeongdeungpo-gu Seoul Metropolitan Government, taken a video image image of the victim by using his/her cell phone image function after the victim’s use of the victim’s cell phone image function.

2. Between around 19:00 and around 20:00 at the end of August, 2017, the Defendant discovered an unexpected female victim who suffered a short blue-line 2 at the bus stops located in the subway No. 2 line D, Guro-gu Seoul, Seoul, and then taken a video image of the victim’s bridge and her flock using his/her mobile phone image function after the victim’s cell phone image.

3. Around 00:00 on September 6, 2017, the Defendant discovered the Victim G (30 years of age, female) who was short of the short straw in the F shop located in Guro-gu Seoul, Guro-gu, Seoul, and took a screen picture between about 10 seconds of the victim by using his/her portable telephone image function.

Accordingly, the defendant taken the body of the victims who could cause a sense of sexual shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Police seizure records and list of seizure;

1. The application of statutes to criminal images and photographs (ROM attachment), response to a request for appraisal, and data on the result of the request for appraisal;

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

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 48 (1) 1 of the Criminal Act to be confiscated;

1. The fact that the nature of the crime is not less complicated in light of the reason, frequency and method of photographing the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment, the fact that there is an agreement with some victims, and other age, sex, environment, etc. of the defendant.

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