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(영문) 서울남부지방법원 2014.01.28 2013고단4350
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 2013, 2013, the Defendant: (a) at the stop site of the Yeongdeungpo-gu Seoul Metropolitan Gyeyang Water Purification Center located in Gyeyang-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; (b) opened the Defendant’s mobile phone located in the B urban bus to a wooden eight-dong bus stop site; (c) opened the Defendant’s mobile phone located in the B urban bus into the lower part of the body of female victims due to the name unrefinites that caused the Defendant

2. On August 2013, the Defendant: (a) taken a dynamic image by inserting the Defendant’s cell phone installed in the Kamerasas in the front line of the front line of the subway line No. 5 from a subway line to a bronon line; (b) by inserting the cell phone of the Defendant’s cell phone under the fluorite body of the female victim’s fluort.

3. On August 2013, the Defendant, at the stop site of the Youngdong Water Control Center located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, taken video pictures between female victims’ bucks and bucks, on the name of the Defendant’s cell phone located in the B urban bus with the Defendant’s cell phone located in the Kameras.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Reference table for appraisal (2013-M-38325);

1. A photograph of a screen picture taken by the defendant;

1. Application of investigation reports (related to spool photographs Nos. 1, 4, and 7 of restoration images) (related to attaching photographs);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The fact that the reason for sentencing under Article 48(1)1 of the Criminal Act is as follows: the physical part of the victims taken by the defendant, and the fact that the victims caused by the crime of this case are three.

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