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(영문) 서울중앙지방법원 2013.10.25 2013고단4239
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 June 21, 2013, around 18:13, the Defendant taken the parts of the body of the victim using a cell phone camera with the victim’s name unrecognified women following the victim’s cell phone camera, in subway 3 lines located in Chungcheong-ro 4, Jung-gu, Seoul, Seoul.

2. At around 18:40 on June 21, 2013, the Defendant: (a) taken the parts of the lower body part of the victim’s cell phone in front of the victim’s name, using the cell phone camera, which was in possession of the victim’s cell phone after a female, who was going to the large room and was going to the large room, from the subway line 4 lines located in the Dongjak-gu Seoul Metropolitan Government Saridong 1dong; (b) taken the parts of the lower body part of the female using the cell phone camera, which was connected to the large room on the basis of the male color; and (c) taken the body part of the female using the cell phone camera, which continued to go to the middle part of the victim’s name, followed the female, who was lower than the victim’s name.

Accordingly, the defendant taken the body parts of the victim who could cause sexual humiliation or shame on three occasions, using a camera, against his will.

Summary of Evidence

1. The defendant's partial statement in court (it is alleged that the defendant did not intentionally photograph the defendant, but considering the following evidence, the defendant's intention is acknowledged)

1. Seizure records;

1. Photographs;

1. Application of Acts and subordinate statutes as a result of verifying Handphone images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

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

1. The defendant is finally convicted of a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act.

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