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(영문) 서울동부지방법원 2016.03.03 2015고단3329
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 16, 2014, the Defendant taken photographs of the body of the victim covered by the Defendant’s sexual intercourse with his/her smartphone at the victim’s house, where it is impracticable to know the name located in the name in the Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “Seoul”) and the victim’s body was removed from clothes after sexual intercourse with the Defendant.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

2. From around 04:00 to 05:00 on a day, the Defendant taken a photograph of the victim’s back her body, who was unable to know the trade name located in Samsung-dong, Gangnam-gu, Seoul on the same day, using his/her smartphone, that the victim’s back her body was flabed with his/her body without knowing the trade name located in Samsung-dong, Gangnam-gu.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of a protocol concerning the examination of suspect C (net 2);

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

1. Application of the Acts and subordinate statutes on photographs taken;

1. Relevant Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes, and Selection of each fine (including details and frequency of taking photographs, and the fact that the accused has no other criminal record);

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a competent authority pursuant to Article 43 of the same Act.

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