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(영문) 서울중앙지방법원 2014.12.05 2014고단7749
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 5, 2014, around 17:37, the Defendant, within the subway line 2 lines, which operated near Gangnamnam Station located in Gangnam-gu Seoul, Gangnam-gu, Seoul, took a cellular image of the victim B (n, 27 years of age) who was short of nuclear source, with the cellular phone image taken by the Defendant, as described in the list of crimes in the attached Table, from around 23:58 to around 10 times, the Defendant taken the body of women from the subway station to the mobile phone line.

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. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photograph photographic images of the suspect;

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

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

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order of personal information under Article 48(1)1 of the Criminal Act, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the Defendant’s age, occupation, risk of repeating a crime, motive and method of the crime in this case, seriousness of the crime, the disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage

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