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(영문) 서울중앙지방법원 2017.08.18 2017고단4861
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From May 12, 2016 to the victim B (V, 19 years of age).

1. On July 2, 2016, the Defendant taken pictures of the victim’s bucks and spucks twice following the death of the victim using the cell phone camera function of the cell phone machine located in the Dong Ri room in Dongjak-gu Seoul Metropolitan Government.

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 July 25, 2016, at around 17:44, the Defendant taken three-time photographs of the body part of the victim, who was diving by using a camera function of a mobile phone camera at the place specified in paragraph (1).

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.

3. On November 5, 2016, the Defendant taken pictures of the victim’s body and parts of buckbucks, which were locked by using the cell phone camera function at the places specified in paragraph (1) around November 5, 2016.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The application of Acts and subordinate statutes reporting on investigation reports (related to transmission of damaged photographs) and the results of investigation;

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

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 of the Criminal Act;

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