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(영문) 서울중앙지방법원 2013.09.05 2013고단4158
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 28, 2013, at around 16:55, the Defendant taken the front image of a female victim’s her body against his/her will, on the name unfolded in his/her name, who had been placed in a short half of the colored embarra, using the subway line 7-3 subway line 2, the subway line 7-3, the subway line 7-3, Seoul Special Metropolitan City, from the flow stairs to the platform 2, and from the smartphone with the inside of the camera function, the Defendant taken the front image of the female victim’s her body that could cause a sense of sexual shame by photographing the front part of the female victim’s her body by taking the front part of the female victim’s her body in the same manner as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B written statements;

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

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and the selection of fines in relation to the relevant 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. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the accused 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 the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order to disclose or notify personal information, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the punishment of a sexual crime shall be punished.

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