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(영문) 서울중앙지방법원 2018.06.19 2018고정1193

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

On March 30, 2018, at around 22:41, the Defendant taken video images for a period of 1 minute 7 seconds of the victim’s name and non-fuckbucks located in Seoul, using the cell phone camera function owned by the Defendant in the subway No. 4 line F. F., the Defendant used the cell phone camera function owned by the Defendant.

On March 30, 2018, at around 22:56, the Defendant taken a video image for 45 seconds of the victim’s name, who suffered a short soft horse using the cell phone camera function owned by the Defendant in the subway No. 4-H, off the subway No. 4-gu, off the subway No. 144, the Defendant used the cell phone camera function.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or humiliation on two occasions against their will by photographing a specific part of the body such as bucks, etc. of the victims on a mobile phone by using a mechanical device with a camera function.

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 on illegal photographing video CDs;

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. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, the accused 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 accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and circumstances of the crime, the method and seriousness of the crime, the record of the crime, and the record of the exemption from the disclosure order and notification order.