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(영문) 서울중앙지방법원 2014.12.19 2014고단8062
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

At around 15:30 on September 27, 2014, the Defendant taken twice the her mobile phone line 89-1 subway No. 2, the Defendant, a female victim, whose name was not known, using his mobile phone camera located in the front line of 89-1 subway No. 2, a subway No. 89-1, a subway No. 2, and whose name was not known, the Defendant taken twice the her mare, etc.

On September 27, 2014, around 16:27, the Defendant continued to take a visual image of the body of the victim, who was female in whose name the name was suffering from the satis in white satis in the satis of the subway No. 2 subway Station located in Guro-gu Seoul Metropolitan City, Guro-gu.

Accordingly, the defendant taken the body that could cause a sense of sexual humiliation against the will of the victims by using the camera.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs photographs and screen pictures of suspension of motion pictures;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant legal provisions and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes for which the choice of punishment has been made ( considered as the first offender who has no previous criminal record, the first offender who has no previous criminal record and the second offender

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 of the Criminal Act to be confiscated;

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant’s age, occupation, risk of repeating a crime, motive, method, 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 prevention of sexual crimes subject to registration, and the effect of protecting the victims of sexual crimes, and Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be comprehensively taken into account.

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