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(영문) 서울중앙지방법원 2017.04.21 2016고단9473
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

On October 18, 2016, at the entrance of subway 2 line E, located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant: (a) attached both sides of the subway 2 line to a double-face tape; (b) fixed a liquid camping machine to its own seat; and (c) taken screen pictures of the parts of the body, such as hump bucks, which may cause sexual humiliation or humiliation on seven occasions from around the time to 11:30 of the same day by making the humbbbbs, etc. of the victim, who is a woman with no name, to the bottom of the body of the victim; and (d) taken screen pictures against his/her will, as described in the list of crimes, seven victims, who might cause sexual humiliation or humiliation on seven occasions, such as the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Each statement;

1. Each report on investigation;

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

1. Application of 7 copies of a dynamic image closure photograph;

1. The pertinent legal provisions and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for the Punishment, etc. of Specific Sexual Crimes, and each of the choice of fines (the defendant's defense counsel asserts to the effect that the elements of the punishment do not meet the requirement, since the defendant's defense counsel does not take the body that may cause sexual humiliation or shame in the case of crimes No. 4 and No.

In full view of all the evidence in the judgment, the photographs taken by each of the above crimes appear to be the body part of the victim, which is a woman, and this shall be considered to have taken the body part, which may cause a sense of shame of the victim, and the defense counsel's assertion on this shall not be accepted).

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 defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order shall be punished for a sexual crime in the event that a conviction becomes final and conclusive on the instant criminal facts.

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