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(영문) 서울중앙지방법원 2014.06.13 2013고단7743
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 23, 2013, at around 17:00, the Defendant taken pictures near a woman’s bridge that may cause sexual humiliation or sense of shame against his/her will, using a Handphone with a camera device, following a woman’s name, which is short from the subway station Escopter located in Gangnam-gu Seoul Metropolitan Government.

2. On September 25, 2013, at around 08:00, the Defendant sited down a woman’s side of the bus that passed the Gangnam-gu Seoul Samsungdong, where it is impossible to find out his/her name being short of the bus, and taken 7 pages close to the female’s bridge, which might cause sexual humiliation or shame against his/her will, using a handphone with a camera device, by using the handphone, which might cause sexual humiliation or shame against the female’s will.

Summary of Evidence

1. Partial statement of the defendant;

1. Seizure records;

1. Application of the Acts and subordinate statutes on photographs;

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

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

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 48(1) of the Confiscation Criminal Act, the accused 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration which can be achieved, and the protection of the victim.

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