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(영문) 서울중앙지방법원 2016.06.22 2016고단2572
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Defendant

1. On April 5, 2016, around 17:01, the name of the female victim and the name influored red-fluoring and blue-fluoring female victims, who suffered color diskettes and red-fluoring fluor from subway 5 lines D in subway stations located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, and the name influoring female victims followed by the Defendant, using the gluor 3 in a glue gluor gluor gluor of the victims;

2. On April 5, 2016, around 17:07, the name in the name of the female victim and the knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

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

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and photographs of seized articles;

1. Application of four Acts and subordinate statutes to four photographs;

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

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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the Defendant, for the reason of sentencing of the provisional payment order, recognized his mistake from the beginning to the point of view; (b) the primary offender who has no record of punishment so far; (c) the Defendant voluntarily completed education to prevent sexual assault and participated in volunteer service to avoid re-offending; and (d) the sentencing conditions indicated in the arguments, such as the contents of the photograph of this case, the Defendant’s age, sex, home environment, and the circumstances before and after the commission of the crime.

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