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(영문) 서울중앙지방법원 2016.08.12 2016고단2305
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. On March 27, 2016, at around 17:15, the Defendant taken video images of a female victim’s body body part, for which the name of the Defendant, who was unable to know, using an s. 4 portable phone, whose name, who was short of the remaining chrop in the gallon of the subway No. 2 line F. 11, located in Gangnam-gu Seoul Metropolitan Government, was located, for about one minute, against his/her will, and against the female’s will.

2. At around 17:32 on the same day, the Defendant taken a video image of the body part of a female victim, who was unable to identify the name of a female victim who was suffering from the above portable phone, using the above portable phone, at approximately 48 seconds in light of his/her will, from the stairs No. 2 of the said subway No. 2, the said subway No. 10.

3. At around 17:35 on the same day, the Defendant taken a video image of a female victim for about 23 minutes against his/her will, where it is difficult to find out the name of a female victim who suffered a black macker in the blue Cocket F Station No. 2 and his/her status F Station in the exchange channel between the above subway No. 2 and the winning F Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the statutes governing the analysis of seized articles;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes concerning the facts constituting an offense;

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

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the frequency of crimes may be three times, but the same day is taken, which is arrested at the scene of video shooting and the screen screen was not disseminated, and the face value of which is unsatisfed above the body of the body, such as a bridge exposed out of the body, not by the top of the body, such as a satch, such as a satch, etc., the face value of which is cut off, the beginning and depth reflects, and other consideration such as the defendant's age, sex, family relationship, social relationship, etc.);

1. Determination that the confiscation constitutes a sex offense subject to the registration of personal information under Article 48(1)1 of the Criminal Act.

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