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(영문) 서울중앙지방법원 2016.08.26 2016고단3742
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On April 29, 2016, at around 18:13, the Defendant: (a) taken the front line of the subway No. 1 of the mountain subway No. 1 required in Guro-gu Seoul, Guro-gu, Seoul; and (b) taken the front line of the Defendant’s cell phone image images for about 10 seconds by using the Defendant’s mobile phone image recording function.

2. On May 2, 2016, the Defendant: (a) on the part of May 2, 2016, 222:32, on the part of the Defendant, on the part of the Defendant’s body part of the victim’s knife bucks (LG-F50K) carrying phone (LG-F50K) with the Defendant’s knife knife, on the part of the Defendant, on the part of the Defendant’s short knife knife in the subway station located in Yongsan-gu Seoul, Yongsan-gu, Seoul.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment to a photograph of a suspect's photographic image);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which shall apply to the relevant criminal facts and the selection of punishment (including the selection of punishment, the initial crime and the reflection thereof, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. If a conviction on each of the facts constituting 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 becomes 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 the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, motive for the crime of this case, method of crime, result and crime is exempted from disclosure order and notification order.

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