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(영문) 서울중앙지방법원 2014.08.29 2014고단4881
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

1. On May 27, 2014, at around 14:52, the Defendant discovered a child-to-park in Gwangjin-gu Seoul Special Metropolitan City, and found out a short horse, and subsequently took a picture between the Defendant and the victim’s panty, etc., by operating the motion picture function of the USB-type small camera, which was cited in his hand, and by putting the victim’s panty, etc. under the victim’s panty.

2. On May 28, 2014, at around 12:32, the Defendant discovered a child-to-park in Gwangjin-gu Seoul Special Metropolitan City, a woman suffering from a short flaps, and subsequently taken up two minutes on the part of the victim’s bucks, etc. at the bottom of the victim’s bucks.

3. On May 29, 2014, the Defendant discovered the women suffering from scopic scopic scopic pattern 3 in the Seoul subway station:5:27 on May 29, 2014, and subsequently taken up approximately 20 seconds of buckbucks, etc. on the part below the part of the victim’s bucks.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. An investigation report (a report on the confirmation of the facts of additional crimes after capturing a video recorded by a suspect);

1. Application of the photographic Acts and subordinate statutes;

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

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 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is a sex offense subject to registration of personal information, which has determined punishment in consideration of all the sentencing conditions, including the defendant's age, family relationship, and circumstances before and after the crime, that the defendant has no record of the same crime and reflects his/her mistake.

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