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(영문) 서울북부지방법원 2013.11.08 2013고단2217
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 19, 2013, the Defendant taken video images for about 10 minutes against the will of the victims by using a cell phone installed in the subway line No. 4 in the subway line located in Jongno-gu Seoul, Jongno-gu, Seoul, for an unspecified number of unspecified female victims using a cell phone located in the subway line No. 4, which operates the Young-distance Station of the U.S., for about 10 minutes.

2. At around 21:54 on the same day, the Defendant taken a video recording of the victim’s body parts against the victim’s will after the victim suffered damage to the victim’s name in the aforementioned manner from an escalator, which is going toward the direction of the exit of 3 U.S. Tri-distance Station located in the U.S. child in Gangnam-gu Seoul, Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Screening pictures by capturing the dynamic image stored in the suspect's cell phone;

1. Application of the Acts and subordinate statutes on video CDs taken;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where the conviction of a defendant against a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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 is obligated to submit personal information to a related agency pursuant

The age, occupation, risk of recidivism, type of crime in this case, motive, process, 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, the preventive effect of sexual crime subject to registration which can be achieved due to it, and the effect of protecting the victim.

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