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(영문) 서울중앙지방법원 2016.08.26 2016고단4070
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

At around 15:50 on March 20, 2016, the Defendant discovered 20 female victims who were sprinked from the D station platform located in Gwanak-gu in Seoul Special Metropolitan City, and took a video image of approximately 10 minutes and 44 seconds of the victim, using the camera function inside the mobile phone operator in the front-time station in the platform and D station, which was in possession of the cellular phone in the front-time station.

In addition, from around that time to around 17:02 of the same day, the Defendant taken a video image of the victims of female victims, including but not limited to seven times in the list of crimes attached hereto.

Accordingly, the defendant taken the body of other persons who could cause sexual humiliation or shame by using a telephone carried device with a camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act and subordinate Act and subordinate statute to a investigative report (a photograph of a suspect's photograph taken by photographing the suspect) and a photograph attached thereto;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which shall apply to the relevant criminal facts and the selection of punishment (including the selection of punishment, the initial crime and the reflection thereof, etc.);

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. If a conviction on each of the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and the crime of this case is exempted from the disclosure order and notification order.

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