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(영문) 서울중앙지방법원 2017.07.20 2017고단2199
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On December 10, 2016, at around 18:01, the Defendant: (a) taken a video screen of the victim’s panty ray, using a portable phone possessed in a toilet located in a place in Seoul and below Seoul. In order to find out whether a female victim who was unable to know his/her name in the pande column; and (b) taken a panty panty ray.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

2. On February 3, 2017, at around 23:33, the Defendant entered the 1st floor “D” column of the Gangnam-gu Seoul Metropolitan Government C building, and then entered the entrance to the front side column of the toilet for women within the main point of the entrance, and then, on the same day, a female victim, whose name cannot be known in the left side column by using a portable phone holding at around 23:37 on the same day, she made a hume, and taken a hume screen of the victim’s hume image.

Accordingly, the Defendant took photographs against his will another person's body, which could cause sexual humiliation or shame, using a portable phone with other person's structure and functions.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Police seizure records and list of seizure;

1. Investigation reports (verification as to whether public toilets are registered);

1. The photograph of the victim, the video CD, and the body part photograph of the victim;

1. Application of Acts and subordinate statutes concerning crime sights, victim closure photographs;

1. Article 319 (1) of the Criminal Act Article 319 of the same Act concerning the facts constituting an offense, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as a camera), and the selection of fines;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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