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(영문) 서울중앙지방법원 2017.12.08 2017고단7113
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant uses S5 mobile phone functions when galloned by the defendant

1. On September 15, 2017, around 08:46, a motion picture taken for eight seconds by the victim (if the victim’s embarm, embarm, and buckbucks) whose name is unknown that he/she was on board the E Station Nos. 2, E Station Nos. 5, and 6 of the subway located in Gangnam-gu Seoul Metropolitan Government D, with his/her short wave string at the exit Nos. 2, E Station No. 5, and 6;

2. On the same day as the above Paragraph 1, around 08:48, the victim’s bucker and the bucker’s bucker’s bucker and the bucker’s bucker’s bucker’s bucker’s bucker’s bucker and bridge’s 13 seconds were taken for 13 seconds.

Accordingly, the Defendant took photographs of another person’s body against his will, using a camera or other devices with similar functions, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs by capturing evidence and video images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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. The main sentences of Article 16 (2) and (3) 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. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and exemption from the disclosure order or notification order.

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