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(영문) 서울남부지방법원 2015.03.27 2014고단4757

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 18, 2014, from around 23:10 to 23:15, the Defendant attempted to take a victim’s body body, such as the victim’s buckbucks, which might cause sexual humiliation or sense of shame, by inserting the cell camera into the fucks of the victim C (the age of 23) waiting for subways within the subway direction platform of the 9-line subway line Kimpo-dong, Yeongdeungpo-gu Seoul Metropolitan Government, and taking the part of the victim’s body, such as the victim’s buckbucks, which might cause sexual humiliation or shame, against his will, and attempted to take the victim’s body, such as the victim’s bucks and bucks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (related to the submission of records by the victim, the submission of CD attachment report);

1. Article 15 of the relevant Act on Criminal Crimes and Articles 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes;

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 against Order to attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is found to have been committed by the defendant against the victim's will and thus, the crime of this case is not likely to cause sexual humiliation or a sense of sexual shames, etc., and thus, the crime of this case is not committed. However, the defendant has no record of punishment, and there is no record of criminal punishment, and the confession of the crime in this court is contrary to this court. The act is relatively minor since it was committed against the attempted crime, and the degree of damage is relatively minor, and all of the sentencing conditions in the process of the records and arguments of this case, such as the defendant's age, character, conduct, circumstances after the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction is finalized on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information.