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(영문) 서울중앙지방법원 2013.09.04 2013고단2962
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 9, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) committed an indecent act on the part of the victim C (the age of 23) with left hand and was seated onto the subway in the meltyang-dong Green-dong Station at the Government of the Republic of Korea on May 9, 2013, and committed an indecent act on the part of the victim in the subway, which is a means of public transportation.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taken a photograph of the victim’s body against his will, at the same time and place as the above paragraph (1), and at a short time and place, taken a seat with a mobile phone camera in his possession, and taken the victim’s buckbucks, which may cause sexual humiliation or sense of shame.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012) and Article 13 (1) of the same Act concerning criminal facts (a point of using camera photographs)

1. Selection of each alternative fine for punishment;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information 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 the defendant is obligated to submit personal information to a related

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, order of disclosure or disclosure of personal information.

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