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(영문) 서울남부지방법원 2015.05.11 2015고단823

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 22:40 on February 5, 2015, the Defendant taken the front gallon of a female victim, who was exposed to another seat in the same electric vehicle by using the Defendant’s galthrothothrothical mobile camera in a subway line 7 subway line in Dongjak-gu Seoul Metropolitan Government, and taken the front knife of the same knife knife, which was exposed to the female victim’s knife, who was seated in the electric vehicle by using the Defendant’s galthrothothrothical mobile camera, against his will, and taken the front knife of the same knife knife, which was exposed to the female victim’s knife, who was seated with the knif

Accordingly, the defendant taken the body parts against his will, which could cause the sexual humiliation or shame of two female victims who are not capable of causing their names twice by using carmeras.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to photographs (the photographs stored in suspect mobile phones);

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

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 (1) 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 of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal 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 is obligated to submit personal information

The defendant enters the military court due to the age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, order of disclosure or notification of personal information disclosure or notification.