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(영문) 의정부지방법원 2015.02.13 2014고단2603
성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)
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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

On May 24, 2014, at around 15:29, the Defendant discovered the victim C by suffering the horses from the opposite seat inside the subway 1 line in the numberless subway line, which operates a subway station near Dobong-dong 363, Dobong-gu, Dobong-gu, Seoul, and took approximately five seconds of the telegraph of the victim using the camera function of the smartphone in his possession without the consent of the victim, and taken approximately five seconds of the part of the victim’s lower half of the signal.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Written statements of D;

1. Police seizure records;

1. The application of Acts and subordinate statutes, such as photographs, CDs (the victim who was short of the Defendant was taken by expanding the appearance from chest to buckbucks by placing it on a long distance, and taking the body of another person, which may cause sexual humiliation or sense of shame, in light of other places of shooting, degree of shooting, degree of photographing, distance of photographing, and whether or not the body part has emerged, etc.

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

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

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

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

1. Where a conviction of a defendant against a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same

The defendant's age, occupation, risk of recidivism, and exemption from the disclosure order or notification order.

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