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(영문) 서울중앙지방법원 2018.12.12 2018고단6232
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 3, 2018, at around 09:00, the Defendant placed a high professional (GO-PRO) liquid campaigns on the right edge of the subway station 2, the Defendant taken a screen image of the body part of the body part of the victim, where a new camera is installed after a female victim who was not his name, in the subway station, from the new map of Seoul subway 2, to the south-west air basin, and under the part of the body part of the victim.

In addition, on August 3, 2018, between 09:00 on August 3, 2018 and 17:30 on the same day, the Defendant taken screen pictures of the parts of the body of the victims in the same way 16 times in the same manner as shown in the list of crimes committed in the attached Table.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes as a result of a photograph, video cad reproduction after a course of closure;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

D. Unfavorable circumstances: the Defendant seems to have committed the instant crime in a planned manner, such as taking images by attaching a camera on a new tag.

In light of the number of images taken by the accused and the number of images taken by the accused, the accused's liability for the crime is not easy.

The favorable circumstances: the defendant is in good faith to lead a social life without criminal records.

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