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(영문) 수원지방법원 안양지원 2013.11.29 2013고단1336
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Seized evidence No. 1 shall be confiscated.

A fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. On August 30, 2013, around 16:40, the Defendant taken photographs of the parts of the buckbucks located in the victim’s bucks using mobile phones located in the carmer, where the Defendant was listed behind the victim’s name in the inner line of subway 1 located in Gyeyang-gu, 88-1, Gyeyang-gu, Manyang-si, Manyang-si, and the victim’s bucks.

2. At around 16:52 on the same day, the Defendant taken the part of the victim’s buckbucks in the same manner, taking the bucks, following the victim’s scuck in his name, boarding the scuck in the above place.

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 seizure records;

1. Application of the Acts and subordinate statutes to photographs of moving pictures taken by the suspect and photographs restored from the suspect cell phone;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Selection of Fines)

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where the conviction of the accused against the crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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 the accused is obligated to submit personal information to the head of the competent police office having jurisdiction over his/

This case is due to the type, motive, result, disclosure order, and notification order of a crime.

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