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(영문) 서울중앙지방법원 2015.02.13 2014고단10039
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, around 18:22 October 2, 2014, aboard and moving an escalator in the Skick Station of Seoul subway No. 4 located in the Seoul subway No. 1112 Dong Dong, Dongjak-gu Seoul Metropolitan Government on October 2, 2014:

1. photograph the body of the victim against his will by photographing the body of the victim who was holding immediately subsequent to the unfilled female victim, and by photographing the body of the victim, about about 10 seconds of fucks, etc. using the G3 smartphone camera, which might cause sexual health using the victim's G3 smartphone camera;

2. On the other hand, a video taken a body part of the victim, such as bucks and bucks, using the above smartphone camera immediately subsequent to the female victim's name influor, but the video was suspended from the function of the camera due to the lack of capacity of the mobile phone exhauster, and the video information was not entered in the mobile phone camera device but attempted.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. A criminal investigation report (Attachment to a photograph taken by a suspect) and a criminal investigation report (the analysis of motion pictures and the confirmation of taking pictures by a high school student);

1. Application of mobile analysis CD-related Acts

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (the occupation of taking photographs of camera, etc.), Articles 15 and 14 (1) (the occupation of attempted taking pictures using camera, etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant was the primary offender, and all kinds of sentencing shown in the record, such as the Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the offense.

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