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(영문) 의정부지방법원 고양지원 2015.02.27 2014고단2591
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

1. On July 29, 2014, at around 22:00, the Defendant: (a) taken a fright in the digital media display station of subway No. 6, the subway line, which was searched by Eunpyeong-gu Seoul, Seoul, and 198; and (b) taken a visual image image of his smartphone, which was filled by the Kameras, from the back of the victim C (V) who was going on the Kameras, and laid the Kameras to the bridge between the said victims.

2. On July 24, 2014, the Defendant taken a photograph of female patriarche by using the same veterinary method as that of paragraph (1) at an insular place.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes to report on investigation (report accompanied by photographic pictures of victims C and persons with no name cards);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to the registration of personal information under Article 48(1) of the Confiscation Criminal 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 the defendant is obligated to submit personal information to the competent agency pursuant to

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, order of disclosure or notification of personal information disclosure or notification is expected to be disadvantageous to the defendant due to the defendant's age, occupation, risk of recidivism.

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