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Reasons
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(영문) 서울중앙지방법원 2014.10.24 2013고단5762
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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 June 28, 2013, at around 12:35, the Defendant taken a bridge for about 1 minute 40 seconds against the victim’s will, waiting for the electric train from the subway line 1, the subway line 738-21 located in Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, for the electric train at the front home of Incheon in the direction of the victim’s name.

2. On June 28, 2013, at around 12:36, the Defendant taken the 22 seconds of the victim’s cell phone, which was seated in the third passenger seat, with the victim’s cell phone seated in front of the 20th female passenger seat, and might cause sexual humiliation and cause a sense of sexual shame against the victim’s will.

3. At around 12:51 on June 28, 2013, the Defendant: (a) when the electric train of the 101-dong train of the Incheon Metropolitan City from the Triju to the East Mancheon Station of the subway 1, the Defendant took a photograph of about 1 minute 34 seconds against his will, for about 20 minutes, the lower part of the Defendant’s cell phone knee, which might cause sexual humiliation, seated at the seat of the 3rd passenger car, with the victim’s mobile phone seated in front of the victim’s name unfolded, and bring about a sense of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Report on investigation (suspects' confirmation of the crimes);

1. Application of the Acts and subordinate statutes on video CDs;

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

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: 15,000.

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