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Reasons
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(영문) 서울중앙지방법원 2014.09.03 2014고단4101
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On April 11, 2014, around 08:19, the Defendant: (a) taken visual images of the victim’s non-victim women’s ambane, bridge, etc. from the subway station platform of subway No. 4 located in the Dongho-gu Ho-dong, Ansan-si, and the victim’s ambane, which was in color shoter, with the cellular phone.

2. On April 11, 2014, around 22:54, the Defendant taken visual images of the victim non-victimed women, including her ambane, legs, etc., with the cellular phone, in the subway No. 4 Seoul subway line, which is located in the Dobong-gu Seoul Metropolitan Government.

3. On April 13, 2014, around 22:45, the Defendant: (a) taken visual images of the victim non-victimed women suffering from the catus shotus, leg, etc. with the cellular phone with the fatus of the catus, which was going to the ground in the above Seoul Station.

Accordingly, the defendant taken three times against his will another person's body, which could cause sexual humiliation or shame by using devices with similar functions as a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Mobile phone photographs, etc. of the suspect;

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

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for 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. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43

A defendant who is ordered to disclose or notify personal information.

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