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Reasons
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(영문) 서울남부지방법원 2019.09.20 2019고단3428
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 22, 2019, around May 22, 2019, the Defendant, at around 17:38, taken a string of May 22, 2019, the part of the victim’s name and the part of the body influor, which was the victim’s name, using the galthal function of Samsung Talthro, which was possessed by the Defendant at Estra in C Station located in Mapo-gu Seoul, Mapo-gu, Seoul.

2. On May 22, 2019, around May 22, 2019, at around 20:20:23, the Defendant, at around May 22, 2019, shooting down the parts of the victim’s name unrefluent body in the name of the victim, who suffered a short balthma by using the galthal galthoda function of Samsung 8 mobile phones, possessed by the Defendant at Ethra located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

3. On May 22, 2019, at around 21:09, the Defendant, at around May 22, 2019, taken a step-off on the part of the victim’s name, who suffered a short confluence thalthm in Samsung G, which he possessed by the Defendant, from an escalator located in Samsung G in Seoul F, at around 7 line G, at around May 22, 2019.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliations over three times in total by using a camera, against their will.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (the cell phone photograph of the seized suspect);

1. Application of the Acts and subordinate statutes governing the criminal place

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

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

1. Articles 70 (1) 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. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant can recognize and reflect the crime, the fact that there is no record of criminal punishment, the defendant's age, character and conduct, environment, relationship to the victim, motive, means and consequence of the crime, etc.

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