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(영문) 서울중앙지방법원 2015.05.29 2015고단2013
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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 November 1, 2014, at least 20:08, the Defendant, on a alleyway where it is impossible to ascertain whether the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-dong was located or not, accessed the lower body of the victim’s bridge by using galleno Nono-5 smartphone 4 smartphones, where the body of the victim’s bridge was installed, for about 30 minutes.

2. At around 21:03 on the same day, the Defendant accessed a female victim’s behind the second floor of the Seocho-gu Seoul Seocho-gu Seoul public toilet, who was a short string in front of the second floor of the public toilet, and then accessed the short string of the female victim’s name unfolded, and then taken the victim’s jugno-no-4 smartphone in front of the victim’s jum and jum with the victim’s jum and jum for approximately 1:3 seconds.

Accordingly, the defendant taken twice against his will another person's body, which could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

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

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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 48 (1) of the Criminal Act of confiscation;

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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, and is obligated to submit personal information to the competent agency pursuant

The defendant's age, occupation, risk of repeating a crime, motive and method of committing the crime in this case, exempted from an order to disclose or notify personal information.

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