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(영문) 서울서부지방법원 2013.10.02 2013고단2041

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 28, 2013, the Defendant, at the bus stops located in Mapo-gu Seoul, Mapo-gu, Seoul on May 28, 2013, taken pictures of the victim’s legs and boos using a camera which can cause sexual humiliation or sexual shame while getting on the bus with his/her name and influence (influence, her age) and caused sexual humiliation or sexual humiliation against the victim’s will, by using the camera which is carried on the cell phone against the victim’s will.

2. At around 09:04 on the same day, the Defendant taken pictures using a camera in which the part of the victim’s bridge and tamp, which could cause sexual humiliation or sexual humiliation while getting on and out of the subway, along with the victim’s name and unclaimed boxes, might be caused, in a mobile phone against the victim’s will.

3. At around 09:12 on the same day, the Defendant reported the difference between the Defendant and the victim C (n, 28 years of age) in the train of Seoul subway 7, and took pictures using a camera that is carried on a mobile phone against the victim’s will to cause sexual humiliation or sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of seizure records and photographs of seized articles to the Acts and subordinate statutes;

1. Article 13 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) concerning criminal facts under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 against Order to attend lectures;

1. Where a judgment on the registration of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and personal information is personal information in a competent agency pursuant to Article 43