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(영문) 서울중앙지방법원 2014.06.20 2014고단2954
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

The defendant had a mind to take a dynamic image by following women who suffered a congested gap in the vicinity of the subway station.

On October 13, 2013, at around 09:56, the Defendant continued to photograph the victim’s bridges, bucks, and the parts below the bucks, etc. under the above method nine times from the above date to March 21, 2014, as indicated in the attached crime list, in the direction of the victim, where it is impossible to find the name of the bucks that the Defendant was seated by using handphones owned by the Defendant, using handphones, in the vicinity of the bucks-dong, Sinsi-dong, Singu.

Accordingly, the defendant taken nine times against his will the body of another person who could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on investigation (for a victim),

1. A criminal investigation report (Carrying-on mobile analysis), CDs as a result of mobile analysis;

1. Application of an investigation report (the output of an additional criminal photographic file), and an output photographic statute;

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

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

1. Articles 70 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 48(1) of the Confiscation Criminal Act, 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 43 of

The age, occupation, risk of recidivism, contents and motive of the crime, the method and consequence of the crime, and seriousness of the crime.

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