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(영문) 서울중앙지방법원 2015.04.03 2015고단863

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall photograph the body of another person against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.

Nevertheless, at around 00:52 on July 10, 2014, the Defendant discovered that women who were under the short speed within the electric train of the subway 1 in Dongjak-gu Seoul Metropolitan Government subway 200:52 were seated in a chair, found out that they were locked, and taken a part of women's body by a mobile phone against their will, and around 12:56 on October 8, 2014, the Defendant discovered women who were under the short speed of turn-down at the subway 1 Seoul Station platform of Jung-gu Seoul subway 1 in Jung-gu, Seoul, and the large Scar 2:56 on a cell phone, and taken a part of the women's bridge as a cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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 (1) 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has taken the part of a woman's telegraph or a bridge exposed to the body body body of the woman who sits in depth and did not repeat a crime, and the extent of damage is not serious. The defendant is the primary offender, and the mother of the defendant is guiding the defendant, and the defendant is also playing a role in the defendant, in consideration of all the sentencing factors indicated in the records, such as the defendant's age, occupation, character, personality and conduct, family relationship, and circumstances before and after the crime, where the conviction of the defendant against the crime of sexual crime subject to registration of personal information becomes final and conclusive, the defendant is punished for sexual crime.