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(영문) 서울중앙지방법원 2016.10.26 2016고단5848
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 18:50 on July 2, 2016, the Defendant, at the stairs and escalators, the subway No. 2 lines D. 5 of subway lines located in Dongjak-gu Seoul Metropolitan Government, and the Defendant, using the mobile phone camera function, taken 20th female victims’ her mare, with which it is difficult to find out the name of a short mucker to the bucker of the cropos, using the mobile phone camera function in which he was in possession, and taken the victim’s muck, and the part of the buck and the part of the sucks, one minute of which is the victim.

Accordingly, the defendant taken the body of another person, who may cause sexual humiliation or shame, using a mobile phone with the camera function, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. An investigation report (Attachment of a photograph of a portablephone), a closure photograph;

1. Application of the Acts and subordinate statutes to report on investigation (verification of the time of photographing motion pictures);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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. The sentencing of Article 334(1) of the Criminal Procedure Act, on the grounds of the sentencing of the provisional payment order, shall be determined in full view of the following specific circumstances, methods and attitudes of the crime of this case, the level and degree of photographed materials, the age of the defendant, character and conduct, home environment, and circumstances before and after the crime.

When a conviction on a sex crime subject to the registration and submission of personal information is confirmed in the judgment that the defendant has properly recognized his/her crime from the beginning and seized immediately after the crime without any reflectivity, and that is a sex crime subject to the registration and submission of personal information, the defendant is 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 the defendant is obligated to submit personal information to the competent agency

disclosure order and.

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