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(영문) 서울중앙지방법원 2013.08.29 2013고단4251
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

1. On June 11, 2013, at around 09:00, the Defendant taken a photograph of the body of the victim with a cell phone camera, which was in possession of the victim after the female victim of the early 20th century, and was in possession of a cell phone camera, where it is difficult to find out that the Defendant had a short fright in the stairs of the five subway lines of the subway lines in the Gangseo-gu Seoul Metropolitan Government Fire 3dong.

2. On June 13, 2013, around 19:30 on June 13, 2013, the Defendant taken a photograph of the victim’s patha using a cell phone camera, which was in possession of the victim after the female victim of the early 20th century, where it is difficult to find out that the Defendant had a short mar in the train 3 lines of subway lines located in 59, Jongno-gu Seoul, Jongno-gu, Seoul.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to a report on investigation (the attachment of photographs by cutting off CCTV images, the head of which is recorded);

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and the selection of fines in relation to the relevant criminal facts;

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. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, 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 is obligated to submit personal information to the competent agency pursuant to Article

The age, occupation, risk of recidivism, details and motive of the crime, method and consequence of the crime, and seriousness of the crime, order of disclosure or notification of personal information of the accused.

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