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(영문) 서울중앙지방법원 2018.10.12 2018고단4573
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 March 25, 2018, around 15:42, the Defendant discovered that the victim (e.g., the age omitted) who was unable to know his name from the subway No. 2, C, No. 5 Station C, which was located in Gwanak-gu, Seoul Special Metropolitan City, was put in a short string of the verification color, and then taken a video camera for a mobile phone with the Defendant’s function as a camera, and then taken a picture of the victim’s buckbucks from around 2018 to March 15:53, 2018, and taken five times in total, such as the victim’s bucks written in the list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mobile phone with the camera function against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A summary of the results of digital investigation support (Evidence analysis);

1. Application of the Acts and subordinate statutes to photographs taken by the person under consideration and photographs restored from the suspect cell phones after capturing the images;

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

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) of the Criminal Act to be confiscated;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the accused reflects the sentencing of the defendant; (b) the accused has no particular criminal history; (c) the period of the crime is shorter; (d) the class and frequency taken by the accused; and (e) the age, sex, environment, motive and consequence of the crime; and (e) all the sentencing conditions specified in the pleadings of the instant case, including the circumstances after the crime.

When a conviction on the facts constituting a sex offense subject to registration and submission of personal information becomes final and conclusive, the accused shall be punished for sexual crimes.

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