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(영문) 서울중앙지방법원 2015.07.17 2015고단2875

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On April 13, 2015, around 14:43, the Defendant, at the subway station platform of five subway lines located in 560, from Gwangjin-gu, Seoul Special Metropolitan City, the Defendant: (a) placed the Defendant’s Samsung Talthrop in the galthm of female victims whose name is unknown that the Defendant’s Samsung Talthrop junating 3 mobile phones could not be known; and (b) taken the body of another person, which may cause sexual humiliation or shame, against his/her will, by photographing the lower body of his/her female as a video,

2. On April 13, 2015, around 15:17, the Defendant taken pictures of the parts of the body of a female victim who is unable to know his/her name by the aforementioned methods on the platform of the subway 4 Station Station Station in Jongno-gu Seoul, Jongno-gu, Seoul, against his/her will, taking pictures of the parts of the body of another person who may cause sexual humiliation or sense of shame.

3. On April 13, 2015, the Defendant taken the body of a female victim against his/her will, by photographing the body parts of the female victim, whose name cannot be known by the aforementioned methods, from the subway No. 4 Line, Eastern Station, Cultural Park Station platform of the Seoul Jung-gu, Seoul, and photographing another person’s body, which might cause sexual humiliation or shame, within the scope of 162.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. Articles 70(1) and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. When a conviction on a sex crime subject to registration becomes final and conclusive under Article 59(1) of the Criminal Act (such as the fact that the defendant has no record of being punished at all, that the defendant does not repent his or her mistake, and does not repeat again, and that he or she has lived in good faith up to the present time).