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(영문) 서울중앙지방법원 2016.09.21 2016고단4644
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 29, 2016, at around 07:09, the Defendant took a photograph of the body parts of the victims who could cause sexual humiliation on nine occasions, such as the list of crimes in the attached Form, from around that time to around 18:41 of the same day, by using a mobile phone camera shooting function in the bus stops located in Guro-gu Seoul Metropolitan Government, and wearing a yellow chrograph, and taking a screen picture of the body parts of the victims who are in danger of sexual humiliation on nine occasions, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photograph the body parts of the victims stored in the seized articles;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order is to be determined by comprehensively taking account of the following specific circumstances and methods and attitudes of the instant crime, the level and degree of each photographic material, the age of the Defendant, sexual conduct, home environment, and circumstances before and after the instant crime, as well as the sentencing conditions indicated in the arguments.

From the beginning, it is the same day that he/she has made efforts not to repeat the crime by taking a mental and medical treatment, etc. with respect to the crime that is committed in a timely manner, but at intervals, he/she has been punished once by a fine due to a sex crime (Indecent act in a densely concentrated place) committed against many victims. In addition, if a conviction on the crime committed in the judgment that has no particular criminal record and is subject to registration, becomes final and conclusive, the defendant shall be convicted.

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