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(영문) 서울중앙지방법원 2015.09.04 2015고단4478
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 May 9, 2015, at around 20:03, the Defendant discovered the victim C (bee 21 years) who was moving in the direction of the mountain station in the old calendar station located in Dongjak-gu Seoul Metropolitan Government No. 151, which was moving from the direction of the mountain station, and taken the victim’s bridge side, etc. using a galle lusium S4 smartphone with the inside of the body of the passenger room in the subway No. 1124, which was moving in the direction of the mountain station, and taken the victim’s bridge side, etc. using the victim’s bridge, etc. using the victim’s galle lusium and smartphone with the inside of the body, from April 5, 2015 to the above date, as described in the list of crimes, as shown in the attached list of crimes.

Accordingly, the defendant taken the body of another person who could cause a sense of sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Seizure records;

1. Application of the Act and subordinate statutes to the investigation report (number 7);

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant

The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, and the age, occupation, risk of recidivism, motive of the crime in this case.

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