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(영문) 창원지방법원 진주지원 2014.01.07 2013고단1174
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

No person shall photograph another person's body, which may cause any sexual humiliation or sense of shame, by using a camera or similar mechanism, against the latter's will, or distribute, sell, lease, provide, or openly exhibit or screen the photographed objects so far as they are likely to cause any sexual humiliation or shame.

1. On October 6, 2013, around 15:51 on October 6, 2013, the Defendant, who committed the crime of October 6, 2013, took a video image of the victim’s flag, who could cause a sense of sexual shame by using a camera attached to the cell phone carried by him/her after 20 women, in light of the name and unexploied name wherein the Defendant 2nded down the stairs of the Seoul subway 2 line 15:51.

2. On October 7, 2013, the Defendant, at around 10:46 on October 7, 2013, taken video images of the body of the 20th women’s flaps, in light of the name and incomprisoned by the National Assembly of Seoul subway No. 9, the Defendant, who committed the crime of October 7, 2013, as soon as possible, in the manner described in paragraph (1).

3. On October 8, 2013, the Defendant, at around 19:37, on October 2013, the Defendant, who committed the crime of October 8, 2013, took a video image of the body of the body of the 20-year women in the name and the body of the body of the 20-year women, who was found to have a short-chro-ro 1 line 1 line 1 line 1 in Seoul subway, and who was found to have a short-

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes to photographs of motion pictures;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific 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) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. Where a conviction becomes final and conclusive on the above criminal facts subject to registration, which are subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, the accused shall obtain personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc.

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