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(영문) 서울중앙지방법원 2014.07.25 2014고단3050
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 7, 2014, at around 09:09, the Defendant: (a) boarded and moved an escalator to transfer from the Seoul subway line 4 to 1 line underground in the Seoul subway line 392, which is located underground, according to the Han River in Jung-gu Seoul, Jung-gu; (b) taken the body of the victim, who could cause a sense of sexual shame by taking the parts of the victim’s body, such as the victim’s buckbucks, using the short galthrogate of the Defendant, which was in possession, for about 2 minutes of the victim’s galthroth for 10 seconds, by taking the parts of the victim’s body, such as buckbucks.

2. On April 7, 2014, at around 09:15, the Defendant: (a) on the part of the Defendant boarding and moving an escalator 1, which was going to the ground in the Seoul metropolitan area located in 405, from the Han River located in Jung-gu Seoul, Jung-gu, Seoul; (b) taken the body of the victim, who could cause a sense of sexual shame, by using the Defendant’s galththrost smartphone camera for approximately 18 seconds, with the Defendant’s galthrothm of body, such as the victim’s galthropt smartphone, taken over for about 2 minutes, and caused a sense of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Color photographs of a dynamic image taken by the suspect;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the 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 the accused is a related agency pursuant to Article 43

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