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(영문) 서울중앙지방법원 2013.07.24 2013고단3380
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:52 on May 19, 2013, the Defendant taken the body part of the victim’s body against his will, as described in the list of crimes in the attached Form, which might cause a sense of sexual shame on four occasions in total, in front of the exit of subway No. 4, the subway No. 4, the subway No. 4, the subway No. 5, the Southern-gu, Seoul Special Metropolitan City, the Defendant taken the body part of the victim’s body part, which may cause a sense of sexual humiliation on four occasions, by taking the body part of the victim’s body part and the body part of the victim’s body part, whose name cannot be known by using a smartphone No. 5, the Defendant’s Kamera, which is owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (related to cellphone analysis);

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the selection of fines, etc. concerning criminal facts;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 a related agency under

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.

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