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(영문) 서울동부지방법원 2017.02.03 2016고단4057
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 July 20, 2016, at around 23:18, the Defendant taken a picture of 12 seconds in the name unexploded women’s at their own smartphones using a camera located in the C station platform located in Gwanak-gu in Seoul Special Metropolitan City, with his/her smartphones, using his/her name-free crym, with his/her knick, and his/her knick knick in his/her name, against his/her will.

2. On August 8, 2016, at around 20:22, the Defendant, at the place indicated in paragraph 1 at around 20:2, taken a picture of 23 seconds against his/her will by using a camera attached to his/her smartphone and her smartphone, with a name-free woman’s flab, who is getting on a white flac, and was going to board an escalator, using his/her own smartphone.

3. On August 15, 2016, at around 20:31, the Defendant, using a camera attached to his/her smartphone from the E field stairs located in Songpa-gu Seoul, Songpa-gu, Seoul, he/she taken a picture of 24 seconds of the name in which the doping chrororo, flain, flac, and flacing stairs, flacing stairs from his/her smartphones, and the name unflacing female flac, flacing the

Accordingly, the defendant taken the body that could cause sexual humiliation of victims against their will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (verification of video files stored at the cell phone gallon of a suspect)

1. Application of storage CD-related Acts and subordinate statutes as a result of analysis;

1. Relevant 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 Crimes and Selection of fines for each of the choice of punishment (the fact that the accused confessions and reflects the crime, the fact that the accused does not seem to have taken video pictures for the purpose of spreading the crime, and the fact that the accused does not have the same criminal record and has no particular

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. Confiscation Article 48 of the Criminal Act.

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