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Reasons
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(영문) 서울중앙지방법원 2014.10.08 2014고단6099
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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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

1. On June 21, 2014, between 09:14 and 09:16, the Defendant discovered the non-victim female who was in operation of the Seongbuk-gu Seoul Metropolitan Government Day, and discovered the victim's non-victim female who was in motion for verification, and photographed the victim's leg against the cell phone with the cell phone.

2. On June 21, 2014, from around 09:23 to 09:28, the Defendant discovered the victim’s unexpected female from the platform of the subway No. 4 in the Seongbuk-gu Seoul East-gu, Seongbuk-gu, Seoul, while suffering from the krocba, and taken a photo of the victim’s bridge, her tamp, etc. to the cellular phone, etc.

3. On June 21, 2014, at around 09:40, the Defendant discovered the victim B (V, 15 years old) who suffered blue rayed in the front line of subway 4, which was operated from the Dongdaemun Station located in Jongno-gu Seoul, Jongno-gu, Seoul to the Seoul Eastern Station for the unification of Jung-gu, Seoul, and taken a photograph of the victim’s bridge, tamp, etc. with cellular phone.

Accordingly, the Defendant taken the body of another person, which could cause sexual humiliation or shame, using devices with similar functions, over three times as above, against his will, using the devices.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. B and C’s statements;

1. Records of police seizure and list of seizure;

1. Application of the Acts and subordinate statutes to photograph victims;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the primary criminal defendant, and the defendant's age, character and conduct, family relationship, and circumstances before and after the crime is committed.

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