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(영문) 서울중앙지방법원 2014.08.22 2014고단4099

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 15, 2014, from around 23:20 to 23:37, the Defendant, within the subway identification line, operated as a market-free plane in the Cheong Accounting Zone located in Seocho-gu Seoul, Seocho-gu, Seoul. On the front line of the subway identification line, the Defendant taken a photograph of the victim B (the 23 years old), who was sitting a bridge to the seat of the seat, and taken a mobile phone covering the bridge part of the victim C (the 33 years old), who was in motion with a test-fluor, with the cell phone covering the bridge part of the victim C (the 33 years old), who was in motion with a test-fluort.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shames, using devices with similar functions twice as seen above, against his will, using the devices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of damaged photographs of the victim), and to the closure photographs of damaged parts;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof. (Selection of Fine)

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 48(1) of the Confiscation Criminal Act, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order of personal information is expected to be disadvantageous to the defendant due to the age, occupation, risk of recidivism, method and consequence of the crime, and seriousness of the crime.