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(영문) 서울중앙지방법원 2014.08.27 2014고단3798
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 April 23, 2014, around 15:03, the Defendant: (a) discovered an unexpected female suffering from a subway 2 line located in the Gangnam-gu Seoul Central Tridong; and (b) taken the image of a mobile phone with the victim’s her sent, her sent, bridge, etc., followed by the victim; and (c) taken the image of the victim’s her sent, bridge, etc.

2. 피고인은 2014. 4. 23. 16:40경 위 강남역 지하상가에서, 핫팬츠를 입은 채 그곳을 걸어가던 불상의 피해 여성을 발견하고 피해자를 뒤따라가면서 휴대전화기로 피해자의 엉덩이, 다리 등의 모습을 몰래 동영상 촬영하였다.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or sense of shames, using devices with similar functions, over twice as seen above, against his will, using the devices.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Investigation report (related to analyzing video images of evidence);

1. Application of the Acts and subordinate statutes governing photographic and motion picture CDs by capturing a photographic video;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

1. Article 70 of the former Criminal Act (wholly amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In a case where a judgment of conviction against the defendant on the criminal facts subject to registration of personal information registration becomes final and conclusive in consideration of all the sentencing conditions, such as the age, occupation, character and conduct, family relationship of the defendant, and circumstances before and after the crime, which are the sex offense subject to registration of personal information, the defendant is the primary offender of the sentencing of Article 334(1) of the Criminal Procedure Act.

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