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(영문) 서울중앙지방법원 2014.01.22 2013고단7121
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 07:50 on September 9, 2013, the Defendant taken pictures against the victim’s will, as shown in the attached Table of crime list, by using the Defendant’s LG observer G-PRO smartphone in his/her hand, while carrying out the Defendant’s LG option machine G-PRO smartphone in the seat of 20 women, who are located in the subway digital group located in Geumcheon-gu Seoul Metropolitan Government 464-2 from the subway line 7 to September 9, 2013, in which he/she was boarding and leaving a transfer escalator installed therein. The Defendant taken pictures against the victim’s body part, etc. against the victim’s will, which could cause a sense of sexual shame over a total period of one time from September 3, 2013 to September 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure 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, and is obligated to submit personal information to a related agency pursuant to Article 43 of

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.

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