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(영문) 서울중앙지방법원 2013.10.31 2013고단5283
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 9, 2013, at around 22:13, the Defendant: (a) set up a cell phone with the function of the camera camera function as a video circuit after the victim’s name unexploited statement, who suffered a short reflect of verification in the front line in the front line operated as the Dongdaemun Station in the Seodaemun Station of Seoul subway Line 4; and (b) taken a video screen against his female’s will that may cause sexual humiliation or sense of shame.

2. At around 21:54 on the same day, the Defendant taken pictures of the victim’s second half of his name, which might cause sexual humiliation or sense of shame in the above way, after the victim’s name, suffering from the remaining color flasing in the Seoul subway Line 4 Eastern Station, the Seoul subway Line 4 Park Park, and the Espher (20).

3. At around 08:21 on the same day, the Defendant taken pictures of the victim’s second half of the body, which might cause sexual humiliation or shame in the above way, after the victim’s name unexploited victim (here, 20 parts) suffering in South-arching chrons from the light stairs of Seoul subway Line 3 (Seoul subway Line 3).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Seizure records;

1. Investigation report (Attachment of a photograph by cutting a dynamic image);

1. Application of Acts and subordinate statutes to closures;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under 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 the accused shall submit personal information to the competent agency pursuant to Article

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