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(영문) 서울중앙지방법원 2016.04.22 2016고단643
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 6, 2015, the Defendant, at around 21:41, taken around 21:41, approximately 53 seconds, against his/her will, using a cell phone image recording function, in the name flab (inf, 20 second half) the flab, bridge, etc. of a person in distress (influor, 20 second half) located in the subway C Station C located in Dongjak-gu Seoul Metropolitan Government, and taken approximately 1:23 seconds against his/her will on November 6, 2015. On November 21:45, 2015, the Defendant taken approximately 53 seconds against his/her will, by the same method, the flab, bridge, etc. of a person in distress (influor, 20 second half second half) in the same place on November 21, 2015. On the same day, around 21:49, the Defendant taken a bridge against his/her will.

Accordingly, the defendant taken a video image against his will that could cause a sense of sexual shame against the victims of the total three victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A manual of the control of subway security guards;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on a photograph of the video taken first by the person under consideration, to the closure photograph of the video taken first, to the closure photograph of the video taken second by the person under consideration, and to the closure photograph of the video taken by the person under consideration by the latter;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a crime that causes the victims to feel a considerable sense of sexual shame, but the nature of the crime is not good. However, the defendant's primary crime is seriously against the crime of this case, and the defendant's age, sexual conduct, the process and motive of the crime of this case, and the circumstances before and after the crime.

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