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(영문) 서울중앙지방법원 2014.10.22 2014고단5857

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

1. At around 08:00 on June 27, 2014, the Defendant discovered a short-term female from the stairs of subway No. 4 in the Dongjak-gu Seoul subway No. 4, Seoul subway No. S., and subsequently found a cell phone with the short fright, put the cell phone in the lower part of the body part of the victim’s finger, and taken a video image on the part of the victim’s finger part.

2. At around 08:15 on the same day, the Defendant, at the bus No. 5522 moving from the Seoul Scenic Station, 552 on the same day, putting the cell phone, which had been sponsed by hand, into the bottom of the body part of the victim, and taken a video image of the victim.

3. At around 18:00 on the same day, the Defendant discovered a short-term female from the stairs of subway 2 located in the subway station located in Gwanak-gu in Seoul Special Metropolitan City, and then taken pictures of the part of the victim's spawn with cell phoness located in his hand, followed thereby.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame over three times, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Image image CDs and photographs;

1. Application of Acts and subordinate statutes to investigation reports (related to seizure of mobile phones and attachment of CDs);

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

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;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which has reached three times the number of the crimes in this case, and the reason for sentencing of Article 334(1) of the Criminal Procedure Act, is that the defendant's primary crime is not good in light of the contents of shooting, and the defendant's mistake is against himself/herself, and the defendant's age, character and conduct, family relationship, and circumstances before and after the crime are considered.