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(영문) 서울중앙지방법원 2015.01.09 2014고단7664
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 20, 2014, around 09:16, around August 20, 2014, the Defendant: (a) taken a video image on the bridge of the victim 1 (n, 30 years old); (b) around August 20, 2014, the Defendant used his mobile phone camera in the subway 7 line, Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, with his mobile phone camera from the Defendant.

2. Around August 26, 2014, around 08:30 on August 26, 2014, the Defendant took a video image of the body of the victim 2, who was a female victim of the victim’s catus satro in the upper wing field in Jung-gu Seoul Metropolitan Government, using the Defendant’s cell phone camera, to prevent internal diseases in the front wing region.

Accordingly, the defendant taken the body of the victims who could cause a sense of sexual shame by using carmeras against their will.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the victim;

1. Seizure records;

1. Application of Acts and subordinate statutes governing seized articles;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof. (Selection of Fine)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order under Article 48(1) of the Confiscation Criminal Act, considering the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the crime subject to registration, the prevention and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant.

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