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(영문) 서울중앙지방법원 2013.09.26 2013고단4912
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 3, 2013, around 19:34, the Defendant taken the body of the victim against his/her will, using the subway No. 4 Seoul East-gu Automatic 14, the subway No. 14 of Yongsan-gu, Yongsan-gu, Seoul, taking pictures of the body of the victim who might cause a sense of sexual humiliation by photographing the lower half of his/her body under the body of the female victim under his/her name undissatisfa, using smartphones with the inner camera function.

2. At around 19:54 on the same day, the Defendant taken a photograph of the body of the victim who could cause a sense of sexual shame by photographing the body of the victim under the body of the victim (n, 25 years of age) by photographing the lower half of his body under the body of the victim (n, 25 years of age) using a smartphone with the subway No. 122 located in the subway No. 122, the Seoul Jung-gu Seoul Central District, by taking the cryp of the body of the victim, which

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to seized articles and photographic materials taken by suspects;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the accused 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 to Article

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order of personal information, and the registration that can be achieved due to such order.

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