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(영문) 서울중앙지방법원 2015.02.13 2014고단10042

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. On October 5, 2014, around October 18, 2014, the Defendant, around October 18:17, 2014, taken the body part of the body part of the boom, which may cause a sense of sexual humiliation to female victims, in light of the name of the Defendant, who was suffering from the scopic chrone using the Defendant’s cell phone camera from the high speed terminal 3 subway lines of subway 188 under the ground of the Seocho-gu Seoul, as a new distribution of Seocho-gu.

2. On October 5, 2014, the Defendant, at around 19:03, taken the body part of the body part of the brush, which could cause a sense of sexual shame to female victims, in light of the name, in which the Defendant, by means of the above method, 3-ro 3 of subway 30 subways underground, was spawned from the stairs of the platform platform of 30 subway lines under the above method, and 4-ro 4 of the Jongno-gu Seoul Metropolitan Government (hereinafter “the Defendant”).

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to the investigation report (as regards the sunset cases used by the suspect for committing the crime, the application of the investigation report (as regards photographs taken by the suspect after the death of the suspect), investigation report (as regards photographs taken by the suspect);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant was the primary offender, taking into account the following factors: (b) the Defendant’s age, occupation, character and conduct, family relationship, and the circumstances before and after the commission of the offense; and (c) the punishment is determined in consideration of all the factors of sentencing indicated in the record.