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(영문) 서울중앙지방법원 2014.04.11 2014고단846
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 20, 2013, around 17:43, the Defendant taken photographs of the part concerning buckbucks against the victim’s will, on the part of the victim’s name, who was seated in the bera3 mobile phone car function within the subway line 7 subway line.

2. On July 2, 2013, the Defendant taken twice against the victim’s will, using the camera function of the aforementioned mobile phone from the subway line 7 subway lines, the physical part of the body part of the victim’s name in mind was taken twice against the victim’s will.

3. Around 18:00 on July 5, 2013, the Defendant taken twice the body part of the body part of the victim’s name in the front line of subway line 7, using the camera function of the said mobile phone, against the will of the victim.

4. On July 12, 2013, at around 16:52, the Defendant tried to take the part of the victim’s body located near the buckbucks of the victim C (the age of 23) who was going on the front of the Defendant in the direction of 2 exit area of subway 7, the subway line digital center located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul. The Defendant attempted to take the part of the victim’s body located near the bucks located near the bucks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on investigation (attached documents for criminal investigation);

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

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and provisions of paragraphs (1) through (3) of the same Article: Selection of fines under Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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

1. Where a conviction becomes final and conclusive on a sex crime subject to the registration and submission of personal information under Article 48(1) of the Criminal Act, the accused shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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