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Reasons
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(영문) 서울중앙지방법원 2013.10.04 2013고단5472
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On July 1, 2013, at around 19:50, the Defendant taken a video image of a female victim’s buckbucker, with a smartphone with B bus operated in the direction of Gosi-si, Gangnam-gu, Seoul, and with a camera function, seated in the seat, using a smartphone with a camera function. The Defendant taken a video image against the victim’s will.

2. On July 8, 2013, around 17:43, the Defendant taken a video image of the body part of a female victim, whose name is not known, who was luxer’s name going out of the subway Station 10, the subway station located in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the aforesaid smartphone, against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of the Analysis 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. 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 age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, and sexual crimes subject to registration which can be achieved due to such order.

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