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(영문) 대전지방법원 천안지원 2015.01.23 2014고단1464
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

Criminal facts

On August 28, 2014, at around 22:46, the Defendant: (a) taken the body parts of the victim, which may cause sexual humiliation, such as taking the body parts of the victim’s body in the same way as visual images, using the camera in the Defendant’s cell phone, under the name-free female victim of 20th in the name of the female who suffered a blue short chrost in the Seoul subway line 1, and continuously going to the KTX, on the transfer escalator, the Defendant taken the body parts of the victim’s body, which may cause sexual humiliation, such as taking the body parts of the victim’s body in the same way as visual images, by using the 20th female victims who suffered a black short chrost in the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of a photograph of editing a criminal motion picture);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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

1. Articles 70 (1) 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. The sentencing of Article 48(1)1 of the Criminal Act provides that the number of victims for the reason of sentencing is up to two persons, and that the accused has two previous convictions: Provided, That the victim is not specified in the contents of the photograph taken by the accused, but the cell phone is immediately confiscated after the detection at the scene and the photograph of the cell phone is not distributed or disclosed, the accused does not have any criminal records of the same criminal records or suspended execution, the accused does not have any criminal records of the same kind or suspended execution, and the accused reflects the fact that it is seriously against the defendant after the commission of the crime, etc.

If a conviction becomes final and conclusive on a crime subject to registration of personal information, the defendant 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.

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