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(영문) 서울중앙지방법원 2014.07.18 2014고단3133
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On March 27, 2014, around 23:09, the Defendant: (a) taken the front side of the bridge of the victim 1 (the age of 18) who suffered from a gallon S2 smartphones with a camera function in the subway station platform of subway No. 4; (b) taken the front side of the bridge of the victim 1 (the age of 18) for 30 seconds at will; and (c) taken the front side of the bridge of the victim 2 (the age of 2) who suffered from a test color fluor, whose name cannot be known by using the flus app, continuously by the foregoing method, taken the front side of the bridge of the victim 150 series of images.

Accordingly, the defendant taken the physical parts that cause sexual humiliation or shame against the will of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Photographs photographs;

1. Application of DNA statutes as a result of analysis;

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. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the Criminal Act, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43

When considering the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc., in a comprehensive manner.

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