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(영문) 서울중앙지방법원 2016.07.01 2016고단2920
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On April 22, 2016, around 18:27, the Defendant boarded the front line of subway No. 4 lines in Seoul, in subway No. 18:27, and took a video image of the part of the victim who was named in the name sub-merchants, using the Defendant's smartphone camera's function, and suffered another color fluor, thereby taking the front line of the victim.

Around that time, the Defendant continued to go up to the E station and go up to the subway platform stairs of the subway No. 2, and taken a video picture with approximately 50 seconds of the lower body of the said victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to a investigative report (the attachment of photographs by capturing a fluore image of a woman in a fluore);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment appears to be the defendant's attitude to resist and reflect his criminal act, and so far, the first offender who has no record of criminal punishment so far, together with the contents of the photograph of this case, and the sentencing conditions indicated in the arguments, such as the defendant's age, sex, home environment, and conditions before and after the crime, shall be determined by taking into account the following factors:

If a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant 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 under Article 43 of the same Act.

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