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(영문) 서울중앙지방법원 2016.01.15 2015고단7128
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

On September 2, 2015, from around 17:37 to 17:39, the Defendant accessed female victims, who were short of the subway 2 line D platform and passage in Gangnam-gu Seoul, Gangnam-gu, Seoul, and from the stairs in the direction of exit No. 10, accessed female victims’ backs, and taken pictures of the victim’s legs and the balth part of the balthe using S5 smartphones when the galthm juthy function was installed.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes to photographs of body parts of victims;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not good, and the defendant is not guilty of committing the crime, and the defendant is not guilty of repeating the crime. In other cases, the defendant has a duty to submit personal information to the related agency pursuant to Article 43 of the same Act, considering the defendant's age, sexual conduct, family relationship, motive and attitude of the crime of this case, the motive and attitude of the crime of this case, the defendant's attitude after the crime, and all other factors of sentencing as indicated in the oral argument, in a case where the conviction of the defendant against the crime of this case, which is a sex crime subject to the registration of personal information, becomes final and conclusive, the defendant is a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

An order of disclosure or notification shall be the defendant's age, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, and an order of disclosure or notification.

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