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(영문) 서울중앙지방법원 2014.05.09 2014고단1716
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence of subparagraphs 1 through 3 shall be confiscated.

Reasons

Punishment of the crime

The Defendant, while carrying a cell phone in the shopping bags, putting them in the subway platforms or electric trains, had different women who suffered short horses within the subway platforms and electric trains, followed the said shopping bags to the lower end of the said women’s crypt, and had them taken the cryms using the cellular camera function.

1. On January 28, 2014, at around 10:52, the Defendant discovered a non-victimd female who suffered a red chront from the platform of subway 2, Gangnam Station of subway 2, Gangnam-gu, Seoul, Seoul, the Defendant taken the part of the victim’s spath, bridge, etc. using the aforementioned methods.

2. On January 28, 2014, at around 11:14, the Defendant found out the victim non-victims who suffered a scamniker’s scambling on the platform of the said Gangnamnam Station, and subsequently taken the victim’s body parts by the aforementioned method.

3. On January 28, 2014, at around 11:16, the Defendant discovered a non-foreign woman who suffered red fluort from the platform of the Gangnamnam Station, and took the victim following the vehicle from the subway 2 line driving in the direction of the station, and the victim took the vehicle from the subway 2 line driving in the direction of the station, and the victim taken the flus, etc. in the previous vehicle by taking the flus, etc. of the victim by the aforementioned method.

Accordingly, the defendant taken three times in total, the body of another person who could cause sexual humiliation or shame, using a mechanical device with a camera function, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Police seizure records and photographs of seized articles;

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

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

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

1. Fine of 2,00,000 won which is to be imposed or suspended; and

1. Articles 70 and 69(2)1 of the Criminal Act for the confinement of a workhouse; 100.

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