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(영문) 서울중앙지방법원 2015.09.11 2015고단4492
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 10, 2015, at around 08:55, the Defendant: (a) accessed the direction stairs for the transfer of the 1st line of subway 3 lines 3 lines 3 lines 30 subway lines in Jongno-gu Seoul, Jongno-gu, the Defendant taken the victim’s bucks and parts of the bucks using LGG G3 smartphones with the device taken by using the victim’s bucks and bucks; and (b) accessed the victim’s name unfucks and parts of the buck in the fuck pattern, which continued to be exposed to the E-ray, by accessing the back of the female victim’s bucks and parts in the buck-gu in the above manner.

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. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the 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 (1) 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. Where the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is recognized as the initial offender and the degree of damage against the personality is not serious, 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 the relevant agency pursuant to Article 43 of the same Act.

An order to disclose or notify the defendant's age, occupation, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, and disclosure order.

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