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(영문) 서울중앙지방법원 2014.09.03 2014고단4875
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On April 20, 2014, around 23:29, the Defendant: (a) discovered a short-term female in the name-free female in the region where the Seoul subway is added; (b) taken the victim’s panty, bucks, etc. after photographing the parts of the victim’s panty, bucks, etc. in front of the victim’s panty, bucks, etc.

2. On April 23, 2014, at around 07:49, the Defendant: (a) discovered a short-term female from an escalator in the Seoul subway area; and (b) taken a photograph of the victim’s inner bucks and buckbucks, etc. after the victim’s movement, by operating the opphone4 mobile phone shooting function; and (c) taken the victim’s inner bucks and bucks.

3. On April 23, 2014, around 08:12, the Defendant discovered the nameless female who was short of the buckin pattern in the Seoul subway digital base area, and taken pictures of the victim’s bucks, etc. following the victim’s sucks, etc. by operating the dynamic image shooting function of opphone 4 mobile phones, by photographing the part of the victim’s bucks, etc.

Summary of Evidence

1. Defendant's legal statement;

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

1. Photographs, CDs;

1. Summary of the results of support for digital investigation, application of Acts and subordinate statutes on investigation reports (part of photographic output);

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. The criminal defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act are one time the criminal records of the same kind of crime, and the defendant's age, character and conduct, family relationship, social relationship, and crime.

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