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Reasons
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(영문) 서울중앙지방법원 2016.07.20 2016고단3065
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant,

1. On April 27, 2016, at least 17:40, screen pictures of the victim’s spawn, bucks, bucks, etc., in the name of escalators located in the exit area No. 9 of subway C, subway No. 2 in Dongjak-gu Seoul Metropolitan Government, with the Defendant’s smartphones;

2. On April 29, 2016, around 08:55, a motion picture taken from escalators, located in subway 2 lines E exchange line in Seongdong-gu Seoul Metropolitan Government, with the same method as that of the above 1st paragraph, of the victim’s name in which he/she suffered a short blue horse in the name of the victim, such as the buckbucks, bucks, etc., in front of the victim;

3. On April 29, 2016, around 09:17, at Eston located in the subway G No. 3 Station G of subway No. 2 in Gangnam-gu Seoul, Gangnam-gu, Seoul, to screen screen pictures of the body of the victim in the name in which he/she suffered a shorter fluence in a white fluence, in the same manner as the above 1.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the investigative report (the closure of suspect photographic video files) and the Acts and subordinate statutes of Chapter 1 CDs;

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

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) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which appears to be the first offender with no record of the crime so far, shall be determined by taking into account all the factors of sentencing indicated in the record, such as the defendant’s age, sex, and conditions before and after the crime, etc.

.personal information;

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