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(영문) 서울중앙지방법원 2014.08.29 2014고단4348
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

The Defendant, in the subway Escopers or electric trains where there are many people, was stringing women's tam, and buckbucks, etc., to photograph dynamics with bucks.

1. On April 21, 2014, the Defendant, around 07:21, on April 21, 2014, committed the crime, around 07:21, the Defendant: (a) opened the Defendant’s Handphone camera as a video camera, after a female victim 1, who was a woman who was unable to know the name of the Defendant who was suffering from the Defendant’s Handphone in the electric car operating from the subway 4 line to the Seoul Station, located in the subway station located in Jungcheon-si Library Library 36, to the Seoul Station; and (b) taken the Defendant’s Hand phone camera as a video camera, and the victim’s 1’s knick knick.

2. On April 21, 2014, the Defendant: (a) around 17:45 on April 21, 2014, the Defendant: (b) set up the Defendant’s handphone camera at a video camera of 17:45, the Defendant, a woman, who was at the short speed of 426 subway No. 1, a subway No. 426 subway No. 1, in the Jung-gu Seoul, Seoul, with a white string, whose name cannot be known; and (c) took the Defendant’s handphone camera on his hand, and taken the Defendant’s hand a video screen on the part of the victim 1’s hand.

Accordingly, the defendant taken the body that could cause a sense of sexual shame against the victims' will twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photograph a video file stored in a seized mobile phone;

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 defendant's age and family relationship is that the reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order has no criminal records of the same kind, and his/her mistake is against his/her own fault.

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