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(영문) 서울서부지방법원 2014.08.27 2014고단1616
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 17, 2014, around 08:30 on April 17, 2014, the Defendant taken photographs of another person’s body from April 15, 2014 to April 17, 2014, which may cause sexual humiliation over several occasions, such as in the list of crimes committed in the annexed Table, by viewing that the victim C (the victim C, 15 years of age), and the victim D (the victim, 15 years of age), who was seated in the line of the central line of the Dongdaemun-gu Seoul Metropolitan Government session, was able to cause sexual humiliation, as described in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of police statements and photographs of damage related to C and D;

1. A report on investigation (a statement of crime, photograph by sight tag, CD attachment), list of crime, photograph of each list of crime;

1. A photograph of the head of the crime, screen image, and closure;

1. Application of the records of seizure and the list of seizure, and the photograph of seized articles;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. Although the nature of a crime is not weak in light of the reason and frequency of the sentencing of Article 334(1) of the Criminal Procedure Act and the record of taking pictures, etc., the punishment as ordered shall be determined by taking into account the following two factors: the defendant's age, character and conduct, family environment, motive and method of the crime, circumstances after the crime, etc., and the following factors:

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant to Article

.personal information;

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