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(영문) 서울중앙지방법원 2013.08.23 2013고단4253
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 21, 2013, at around 22:06, the Defendant taken several parts of the victim’s cell phone camera using a cell phone camera located after the victim’s 20th female victim, who was in possession of the victim, after the victim’s 20th mobile phone line, located in the subway line 7-dong, Guro-gu Seoul Metropolitan Government 371.

2. On June 22, 2013, at around 09:49, the Defendant taken a part of the victim’s cell phone camera with 20th female victims, who had been in possession of the victim’s cell phone camera, after the 20th female victims, who suffered a short radius from the subway 2 lines under the subway 3 546-6, Dong 546-6, Dong-gu, Seoul Special Metropolitan City.

3. On June 23, 2013: (a) around 17:12, the Defendant taken several parts of the victim’s cell phone camera using a cell phone camera, which was held by the victim after the victim of the 20th female, after the name influence from the subway line platform of the subway line 1 in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, one of which was short from the subway line platform of the subway line 1 in 618.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the defendant 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.

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