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(영문) 서울중앙지방법원 2013.07.12 2013고단3075
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 18:00 on April 17, 2013, the Defendant taken a panty panty chron, one of which is one of the 11 entrance stairs of subway Station B, and the part of the panty chron, one of which is one of the R-3 smartphones, in which it is impossible to find out the name of the chroke in the color of the victimized woman.

The Defendant, from April 17, 2013 to the above temporary location from around 08:35 to the above temporary location, and as indicated in the “crime sight table” in the attached Table, taken a photograph of the body, leg, etc. of the victimized women whose names cannot be known over 11 times in total.

Accordingly, the Defendant taken the body part that may cause sexual humiliation or shame in a video recording over a total of 11 times against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes 11 to photographs by capturing dynamics evidence;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) concerning criminal facts

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of a defendant against a sex crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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

Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration to be achieved therefrom, and the effect of protecting the victims, etc.

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