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(영문) 서울중앙지방법원 2014.07.11 2014고단3382
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. Around 08:50 on May 7, 2014, the Defendant found out the victim’s non-victimed women suffering from his/her black mar on the subway station platform located in the Seongbuk-gu Seoul Metropolitan City sperm, and followed by the detection of the victim’s mared, and taken the back image of the victim’s mared, such as his/her son, bridge, etc. with his/her cellular phone.

2. Around 09:00 on May 7, 2014, the Defendant discovered a victim’s non-victimed female who flaged away from the subway identification line in Gangnam-gu Seoul Central Tridong, and followed by the detection of the victim’s flaged female, and then taken the back image of the victim’s flag, such as his/her her her sent, bridge, etc. with his/her cellular phone.

3. On May 7, 2014, at around 09:09, the Defendant: (a) discovered a victim’s non-victimd female who was on board an escalator in the subway 2 subway station in Gangnam-gu, Seoul, via a blue chronic 3 station; and (b) discovered and followed the victim’s knive female who was on board the escalator, and (c) taken a cell phone with the victim’s knife, such as the victim’s knife, bridge, etc.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Six copies of the investigative report (the analysis of evidence and image of seized articles) and of the video analysis photograph;

1. Application of Acts and subordinate statutes on police seizure records;

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

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

1. A fine of three million won to be suspended;

1. Articles 70 and 69(2) (one hundred thousand won per day) of the former Criminal Act (wholly amended by Act No. 12575, May 14, 2014).

1. Article 59(1) of the Criminal Act provides that the Defendant has lived in good faith with a primary offender who had no previous conviction, and the degree of the instant crime and damage is relatively insignificant.

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