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(영문) 서울동부지방법원 2016.01.15 2015고단3030

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 23, 2014, around 15:20 on May 23, 2014, the Defendant taken screen pictures using mobile phone camera function in the direction of raising the lower body of female victims, who are in fact going up from the stairs of the subway No. 2 in the building-line of the subway No. 2 in Gwangjin-gu Seoul Special Metropolitan City.

In addition, the Defendant taken the body of the victimized women on 12 occasions in total, such as the list of crimes in the attached Form around May 31, 2014 and around May 23, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Seizure records and cell phone photographs;

1. Application of each photograph, CD-like video statute;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the instant crime on May 31, 201, where the victim of the crime committed on May 31, 2014, is one’s own knife, and the nature of the crime is not good.

However, the contents of the photographed image are not severe overall, and the defendant has no criminal record other than that of a fine of 300,000 won due to a violation of the Punishment of Violences, etc. Act in 1999, and the defendant recognizes his/her fault and reflects his/her fault, and other factors of sentencing specified in the arguments, such as the defendant's age, health status, sex and behavior, family relationship, motive and attitude of the crime of this case, and the attitude of the defendant after the crime, shall be determined by taking into account all the factors of sentencing.

The defendant is convicted of the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information.