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(영문) 서울중앙지방법원 2013.11.01 2013고단5986

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 20, 2013, at around 00:08, the Defendant taken the parts of the body part of the victim with the cell phone inside the Kamermeras, using the cell phone inside the Kameras, after the victim B (n, 21 years of age), who suffered from the cryp shotus in the upper region of Seoul subway 7, the upper region of the Seoul subway line 1dong, Seoul Metropolitan Government on July 20, 2013.

In addition, from June 28, 2013 to the above temporary date, the Defendant taken the body parts of the victims through the above method 36 times as shown in the list of crimes in the annexed sheet of crimes.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to investigation report (the photograph of seized articles and the photograph by cutting the video in the Handphones);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, order of disclosure or notification of personal information shall be the defendant's age, occupation, risk of recidivism, motive of the crime in this case.