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(영문) 서울중앙지방법원 2015.09.25 2015고단4880
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 June 3, 2015, at around 17:31 of the same day, around 17:46 of the same day, and around 18:34 of the same day, the Defendant discovered that high school students suffering school uniforms in front of D in Jongno-gu Seoul Metropolitan Government, E (n, 18), F (n, 17 years old), G (n, 18 years old), H (n, 17 years old), I (n, n, n, n, 17 years old), and I (n, n, n7 years old) have sought clothes at a street store to purchase clothes, and took a photograph of the body of other persons against their will that could cause sexual humiliation or shame by photographing the lower body part of the body part of the said victims three times using a Handphone of the said victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, E, and I;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

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

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

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. Where the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has no same record, and the defendant has taken the body of the victims who suffered anti-sexual intercourses, and the conviction of the defendant against the criminal facts of which the nature of the crime is a sex crime subject to registration of the pleasure 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 is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

The defendant is subject to the disclosure order or notification order, due to his age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order.

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