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(영문) 서울중앙지방법원 2015.02.06 2014고단9607
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 28, 2014, around 23:21, the Defendant taken a 55-minute image of the Defendant’s Samsung Galthmp 2 mobile phone camera, a video screen of 55 minutes in a way that the Defendant shoots down the lower body part of the victim C (e.g., 24 years of age)’s bucks and the bucks of the entrance, which were located adjacent to the front side of the street section within the subway line located in the subway line located in the village of Yongsan-gu Seoul Metropolitan City.

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. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Application of the Act and subordinate statutes to the closure of a criminal suspect A image photograph;

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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. In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order under Article 48(1) of the Confiscation Criminal Act, considering the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the crime subject to registration, the prevention and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant.

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