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(영문) 서울중앙지방법원 2018.04.04 2017고단8140
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

around 14:00 on August 5, 2017, the Defendant taken several sides of the victim D (Woo, 22 years old) on which the Defendant jumal jumal jum (S7 mobile phones) was seated by using a short lucular camera function in the front line of the Busan subway No. 1, which was in operation as the area of the Simpo-dong-dong-dong-dong-si in Busan.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D, and F;

1. Seizure records;

1. Investigation report (the victim's leg photographs taken by the victim) (the defendant and his defense counsel asserted to the effect that he had taken a building outside the subway station outside the subway station other than the victim at the time, but according to the consistent and detailed statements from the investigative agency to this court and the evidence corresponding thereto, the facts charged in this case is found guilty) and the law applicable to the case

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. Where a conviction becomes final and conclusive 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 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 obliged 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 repeating a crime, and type, motive, and motive of the crime of this case, exempted from disclosure or notification order.

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