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(영문) 서울중앙지방법원 2015.12.18 2015고단6023

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant: (a) fixed the Kameras portion of a mobile phone that poly worked to photograph dynamic images to the outside of a bank in Gangnam-gu Seoul, Seoul; and (b) had the body part of women in the mouth in Gangnam-gu to photograph the body part of women.

At around 19:00 on May 16, 2015, the Defendant taken 74 women from around 17:57 to 19:00 of the same month who were unable to know their names more than 41 times as shown in the annexed list of crimes, and the body of others who caused sexual humiliation or humiliation by taking a photograph of the body of others, which caused sexual humiliation or sense of shame, by taking the 74 women who were unable to know their names more than 41 times, as shown in the annexed list of crimes, and the body of others who caused sexual humiliation or sense of shame, by taking the 30 years old, a cell phone, which had functioned as above, in front of the Gangnam Station 2 of subway 396, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement C and D;

1. Seizure records;

1. Do image closure photographs;

1. Application of Acts and subordinate statutes to investigation reports (dynamic image file analysis);

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines (the initial crime, reflectivity, and agreement);

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of a defendant against the criminal facts stated in the judgment on the punishment, etc. of a sexual crime committed as ordered to complete a program becomes final and conclusive, 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 to a related agency pursuant to Article 43 of the same Act.

The Defendant’s age, occupation, risk of recidivism, and this case’s exemption from disclosure or notification order.