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Reasons
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(영문) 서울중앙지방법원 2013.10.30 2013고단5548
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On May 17, 2013, at around 23:37, the Defendant taken video images against the victim’s will, in a way that the victim’s name, who reported a baline in the inner partitions of the cell phone (IOHNE 4S) that had been in possession of the first floor female toilets in Gangnam-gu Seoul, Seoul, was sealed in a way that the toilet partitionss are sealed below the body of the victim.

2. On May 25, 2013, at around 00:44, the Defendant taken video images against the victim’s will, using a cell phone (IPOHNE 4S)’s camera, in which it is impossible to find out the name of a woman who is viewed as being melted in the side partitions, using the cell phone (IPOHNE 4S) that he had entered the above female toilet.

3. On May 28, 2013, the Defendant, at around 23:00, taken a video image against the victim’s will, using a cell phone (IPOHNNE 4S)’s camera, in which the victim F (n.e., the age of 18) viewed a meltion in the side partitions using the cell phone (IPOHNNE 4S) that was previously held.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning F;

1. A damaged photograph, a video CD;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) concerning criminal facts

1. Selection of an alternative fine (such as details, frequency of crimes, method of crimes, fact that there is no record of crimes, and fact that the amount of damage was deposited for the F of the victim, etc.);

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 under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,

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

1. The judgment that a sex offense subject to registration is a sex offense subject to the obligation to register personal information under Article 334(1) of the Criminal Procedure Act.

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