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(영문) 서울동부지방법원 2013.10.25 2013고단1582
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

Criminal facts

At around 18:10 on June 23, 2013, the Defendant followed the victim B (n, 24 years of age) and the victim C (n, 21 years of age) on the road in front of the entrance of the subway station No. 5 in the Jayang-dong 4, Gwangjin-gu, Seoul, Seoul, and the subway station No. 1-7, the subway station No. 5, and followed the victim C (n, 21 years of age). On the other hand, when the Defendant possessed against the will of the victims, the Defendant taken the parts of the victim's body and the part of the bridge using S3 mobile phone camera function.

The Defendant taken the body of the victims who might cause sexual humiliation or shame by using the devices with the camera function against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Where a judgment becomes final and conclusive to submit personal information which is exempted from disclosure of personal information pursuant to Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no personal information is disclosed, considering the fact that no criminal record exists), the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit personal information

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