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(영문) 수원지방법원 안산지원 2014.10.08 2014고단2208
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

Criminal facts

At around 10:58 on July 18, 2014, the Defendant, within the 6th guest car, taken a picture of the 6th screen, using the “SVR BOk”, a non-fluorculcized fluor, owned by the Defendant, using the ELG2 Smartphone, which is a sVR BOk, in the 6th guest car, while operating a subway 448 train on behalf of the subway No. 1, subway No. 1, a subway No. 448, a subway No. 1, a subway No. 448, a subway No. 1, a subway No. 358, and was seated against the victim’s will, on the first hand, in front of the female who was seated in the electric car.

In addition, as indicated in the attached list of crimes, the Defendant taken video images against his/her will, respectively, using the above smartphones at a total of 26 times, such as those listed in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

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

1. Article 16 (2) and (3) 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. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no previous one shall be disclosed or notified in consideration of family relationship, the outline, etc.);

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed without the consent of the victims of female in the subway.

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