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Reasons
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(영문) 서울중앙지방법원 2015.01.07 2014고단8076
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On July 3, 2014, at around 23:52, the Defendant discovered the victim C (at the age of 18) who sits down in the front line of the Defendant’s side and sits down a bridge with his cell phone inside the subway line 4 lines located in the Dong-dong, Dongjak-gu Seoul Metropolitan Government. On July 3, 2014, the Defendant taken the victim’s bridge using the Defendant’s cell phone once.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. On July 3, 2014, around 23:53, at the same place as Paragraph 1, the Defendant discovered a female with a name-free bucker who was seated by buckbucks, and taken the victim’s bridge in the above manner.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police post related to C;

1. Photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. The defendant's age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, disclosure order or notification order of personal information under Article 48 (1) 1 of the Criminal Act is a sexual crime subject to registration which can be achieved due to the disadvantage and anticipated side effects of the defendant due to the defendant's age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case

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