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(영문) 서울중앙지방법원 2015.11.06 2015고단5739
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

1. On June 24, 2015, the Defendant, at around 21:46 on June 24, 2015, taken a 20-year female victim’s pathm in which it is impossible to identify the name of the Defendant using his/her visual recording function of smartphone 9, which is the Defendant’s owner, in the 102 subway-line 9-line 102 from the entrance of the Gangnam-gu Seoul Gangnam-gu Seoul, to view the 20-year female victim’s pathm.

2. Around June 26, 2015, the Defendant, at around 23:20 on June 26, 2015, recorded the body parts of the 20th female victim, where it is impossible to identify the name of the Defendant using a video recording function of smartphone 11 in the stairs located in Gangnam-gu Seoul, Gangnam-gu, Gangnam-gu, Gangnam-gu, 369.

3. On June 29, 2015, at around 13:19 on June 29, 2015, the Defendant taken the body part of the 20th female victim, where it is impossible to find out that the name he/she was seated in a closed room of the first floor of the building in Seongbuk-gu, Sungnam-si, Gyeonggi-do, by using a video photograph recording function of a smartphone owned by the Defendant.

4. On June 30, 2015, the Defendant, at around 17:40 on June 30, 2015, taken a photograph of the 20th female victim’s body in which it is impossible to identify the name of the Defendant, using the recording function of a smartphone’s video recording function of a smartphone No. 7 located in the 102, as the bankruptcy of Gangnam-gu, Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (in cases of crimes, referring to the places where crimes are committed), investigative reports (in cases of victimized women taken by a suspect by capturing video images) (limited to the cases of crimes

1. Article 14 (1) 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 and Article 38 of the Criminal Code to increase concurrent crimes.

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