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(영문) 서울중앙지방법원 2014.08.22 2014고단4033
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 21, 2014, at around 17:47, the Defendant, using the Defendant’s mobile phone, taken a screen image of the lower body part of the victimized women’s name unexploitedly damaged women, who are influencing the escalator, going up with the rapid short chroman, from the high speed terminal 7 subway lines 19-3 subway lines 7, Seocho-gu Seoul, Seoul.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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. Where a conviction against the defendant is finalized as to the crime subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, inasmuch as the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the expected side effects can be achieved.

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