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(영문) 서울중앙지방법원 2014.07.23 2014고단3255
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

1. On April 24, 2014, at around 17:00, the Defendant discovered the victim non-victimd women who had a string of a bridge with the string string of a subway line, which was operated from Incheon to the Gu road in the Gu road, around the time when the electric vehicle of the subway line 1 stops in the influoral basin in the influorial fluor of the Nowon-gu, Seocheon-si, Seocheon-si, Seocheon-si, and opened the string and the string of the bridge, such as the victim's legs with the cell phone, and taken down the lower half and the string form, such as the victim's bridge, twice.

2. At around 17:40 on April 24, 2014, the Defendant taken five-time images, such as the victim’s bridge, etc., on five occasions as the Defendant discovered the victim’s infinite female who was on board an escalator, taking part in the subway 7 line, a subway line located in the Dongjak-gu Seoul Metropolitan Government Twit-dong.

3. Around 18:40 on April 24, 2014, the Defendant discovered the victim E (the age 32) who was seated in the seat of the Dongjak-gu Seoul Metropolitan Government Nowon-gu bus that was passed in front of the Dongjak-gu office, Seoul Metropolitan Government Nowon-gu bus, and was seated in the seat of the victim E (the age 32), including the victim’s chest and the victim’s chest with the cellular phone, taken down four times on the lower half of the body, such as the victim’s chest and bridge.

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. Statement of police statement to F and E;

1. Records of police seizure and list of seizure;

1. Application of the statutes governing photographs of victims;

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 2,500,000 won which is to be sentenced; and

1. Article 70 of the former Criminal Act (wholly amended by Act No. 12575, May 14, 2014) and Article 69(2) of the Criminal Act (wholly amended by Act No. 12575, Jan. 1, 200).

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