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(영문) 서울중앙지방법원 2013.09.06 2013고단3731

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.

Reasons

Punishment of the crime

1. The Defendant from March 13, 2013 to the same year.

4. By the end of 26, a video recording was made on about 134 occasions, such as a photographic image of a crime day against the female’s will, in a place where the victim’s body was unclaimed, and a mobile phone with a camera function was set up as a screen picture, and the victim’s body, bucks, bucks, and bucks, etc., which might cause sexual humiliation or shame.

2. On April 27, 2013, at around 15:30 on April 27, 2013, the Defendant taken the victim’s bucks, bucks, and legs against his female will, in order to take the body of the victim D (the age of 21) who sits in the front line of the train that flows in the direction of the river station in the Seoul subway Line 2, and setting the cell phone with the camera function as a video photographer, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the selection of fines, etc. concerning criminal facts;

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

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

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related

The Defendant’s age, occupation, risk of recidivism, and the instant case.