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(영문) 서울중앙지방법원 2014.08.20 2014고단4103
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 May 11, 2014, around 17:32, the Defendant taken a photograph of the part of the subway station No. 6 of the subway station located in Yongsan-gu Seoul Metropolitan Government, including the victim non-specific women's bridge, etc., with the cell phone with the cellular phone, and taken a picture or photograph of 12 female victims from April 28, 2014 to around the above time, as shown in the separate crime list, as shown in the separate crime list.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, list of seizure and photographs of articles seized;

1. Photographss or videos of each kind;

1. Application of the video CD-related Acts and subordinate statutes

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

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

1. Article 70 of the former Criminal Act (wholly amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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, where a conviction of the defendant against the sex offense subject to registration of personal information is finalized by taking into account all the sentencing conditions, including the defendant's age, family relationship, and circumstances before and after the crime, that the defendant committed each of the crimes of this case against 12 victims over a 15-day period, and lives in a usual and sincere manner.

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