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(영문) 서울중앙지방법원 2014.04.18 2014고단270

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 6, 2013, 2013, the Defendant taken the lower part of the victim’s body using a cell phone device installed in the camera 2 line in Mapo-gu Seoul, Mapo-gu, Seoul, followed by a female under the victim’s name, who gets a fright in the red-line area of subway 2 lines in Mapo-gu, Seoul, and followed by a female under the victim’s name, and taken the lower part of the victim’s body using a cell phone device installed in the camera.

In addition, the Defendant taken the body of another person, which may cause sexual humiliations or humiliations through the above method six times, such as in the list of crimes attached to the same day, against his will.

around 19:54 on January 7, 2014, the Defendant discovered the victim B (nive, 18 years of age) and discovered the way from the short mar in the “nick-ro 12-lane 20, Jongno-gu Seoul, Jongno-gu, Seoul.” The Defendant taken the back marrology, such as the lower half of the body, where the victim walked for about four minutes by using the galle-ro mobile phone located in the galle-ro, wherein the victim walk for about four minutes, using the galle-gu mobile phone located in the galle-ro.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and the list of seizure;

1. An investigation report (Attachment of a photograph of a fluore photograph);

1. Application of the Acts and subordinate statutes to photographs of video materials stored in the suspect's cell phone;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for 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 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 on a sex offense subject to registration becomes final and conclusive, the defendant shall be subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act.