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(영문) 서울중앙지방법원 2015.01.21 2014고단8982
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 12, 2014, the Defendant: (a) around 19:42, at the high-speed terminal station of subway 7 lines in Seocho-gu Seoul, Seocho-gu, Seoul, 19-3, the Defendant taken visual images of the victim, following the victim, who was on board an escalator and was on board the escalator, while following the victim, who was on the cell phone with the cell phone.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Application of the Acts and subordinate statutes to photograph seized articles and photographed images of the victim;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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 Committed;

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

1. Where a judgment of conviction against a defendant is finalized on a sex offense subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the sexual crime subject to registration which can be achieved due to such order.

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