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(영문) 서울중앙지방법원 2013.08.14 2013고단3698

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant, at each time, at each place specified in paragraphs 1 through 14 of the crime sight table, set up a cell phone with a camera function as a video photographing, and took 14 times the body of the female victims against their will influences, bucks, legs, and spats, which may cause sexual humiliations or humiliations.

2. On May 23, 2013, around 20:47, the Defendant taken the victim’s bucks, which might cause sexual humiliation or shame in the manner such as the above paragraph (1), at the spucks located in the subway No. 4 subway No. 4 in the subway No. 4 in the subway No. 5 in Seoul, Gwanak-gu, Seoul Special Metropolitan City, in order to take the bucks of the victim B (the age of 28) in front, and taken the victim’s bucks for about three minutes against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (related to cellphone analysis);

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the selection of fines, etc. concerning criminal facts;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure 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 the defendant is obligated to submit personal information to a related

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