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(영문) 서울중앙지방법원 2018.09.14 2017고정3335
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 September 1, 2017, around 18:42, at D Village bus stops located in Gangnam-gu Seoul Metropolitan Government, the Defendant taken a galloned image of the Defendant’s jum and a part of the buckbbbbbbbs located in Gangnam-gu, Seoul, and a part of the fluent body of the female victim who suffered a short wave that could not be identified by using a camera function located in a mobile phone and a car camera function located in a mobile phone.

2. On September 6, 2017, around 18:47, the Defendant taken buckbucks of female victims, who suffered from the E station platform in Gangnam-gu Seoul Metropolitan Government, in a blue short radius, whose name cannot be known in the same manner as that set out in paragraph 1, and taken a video screen of bucks.

3. On September 8, 2017, the Defendant, on the electric trains of subway No. 3 around subway No. 18:32 on September 8, 2017, taken off screen pictures of a woman’s bucks, whose name cannot be known in the same manner as that of paragraph 1.

4. On September 8, 2017, at around 18:54, the Defendant took a visual image of a female victim, who suffered a short-stamp-down mar in front of the Defendant, using the same method as that described in paragraph 1, from a subway No. 3 line E. E. 8 in Gangnam-gu Seoul, Seoul, taking a visual image of a female victim, who suffered a short-stamp-down mar in front of the Defendant, using the same method as that described in paragraph 1.

Accordingly, the defendant taken four images against his will that could cause sexual humiliations or shames by using devices with similar functions as a camera for a total of four times.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to crimes video (DV-R);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

5. Article 48 (1) 1 of the Criminal Act to be confiscated;

6. The registration of personal information of § 334(1) of the Criminal Procedure Act, which is subject to provisional payment order.

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