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(영문) 서울중앙지방법원 2017.11.28 2017고정3137
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On July 17, 2017, at the subway station located in Dongjak-gu Seoul Metropolitan Government on the 17:50th day of 2017, the Defendant: (a) followed the victim E (n, 27 years of age) who suffered a yellow sprink; (b) fixed the cell phone camera lenses by drilling the hole in shopping bags; and (c) taken a video image of approximately 30 seconds of the victim’s spock and the lower part of the body in a way that they have shopping bags under a woman’s body.

In addition, the Defendant, from 17:32 on the same day to the above day, taken the video images of seven victimized women in the ambucks and bucks by the following methods, as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the mechanical devices against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of arrest of a flagrant offender;

1. Each police investigation report, protocol of seizure, and list of seizure;

1. Application of each evidence photograph, closure photograph and Acts and subordinate statutes;

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

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Article 48 (1) of the Criminal Act to confiscate;

5. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, the accused 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 accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and background of the crime, method and seriousness of the crime, record of the crime, disclosure order or notification order of the defendant exempted from the disclosure order, and the expected side effects of the disadvantage to the defendant.

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