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(영문) 서울서부지방법원 2016.04.06 2015고단1383
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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 May 3, 2015, the Defendant, on May 3, 2015, taken a 40 seconds of the victim’s buckbucks located in the Defendant’s cell phone for 40 seconds by using the carmer functions located in the Defendant’s cell phone.

2. Around 11:20 on the same day as the above paragraph (1) of the same Article, the Defendant taken a brush of the victim’s finite (infinite finite finite finite finite finite), using the Defendant’s mobile phone function as a camera attached to the Defendant’s mobile phone, for approximately two minutes and fifty two seconds.

3. At around 15:06 on the same day as the above paragraph 1, the Defendant taken 15 seconds of the victim’s buckbucks located in Jongno-gu Seoul Metropolitan Government, using the Defendant’s cell phone function as carmers located in the Defendant’s cell phone.

4. At around 17:53 on the same day as the above paragraph (1) above, the Defendant taken the fat of the victim’s fat of the victim’s fat of name omitted (a white fat) at the exit-gu Scar in Mapo-gu Seoul, Mapo-gu, Seoul, for 24 seconds by using the Defendant’s cell phone function as a camera attached to the Defendant’s cell phone.

Accordingly, the defendant taken the physical parts of the victims who caused sexual humiliation or shame against their will.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Efaging a criminal image;

1. Application of the Acts and subordinate statutes governing the place of criminal offense;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

1. In a case where a conviction becomes final and conclusive on the facts constituting a sexual assault crime subject to the obligation to submit 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 is accordingly subject to Article 43 of the same Act.

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