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Reasons
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(영문) 서울중앙지방법원 2015.06.26 2015고단3051
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

1. On May 6, 2015, around 06:55, the Defendant taken one-time bucks and bucks of the victim’s bucks, the Defendant, who was unable to find out the victim’s name that he/she was seated by using the cell phone camera function in the subway 4 line that passed through the Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

2. On May 8, 2015, around 07:24, the Defendant taken four-time the part of the victim’s bridge, where it is impossible to find out his/her name that he/she sits in the seat because he/she was using a cell phone camera function in the front line of subway 2, which passed through the subway station in Dongjak-gu Seoul Metropolitan Government.

3. On May 8, 2015, around 12:34, the Defendant taken six-time the part of the victim’s bridge, the name of which cannot be known by taking advantage of the mobile phone camera function in subway 2, the subway line, which passed the king of the king of Seongdong-gu Seoul Metropolitan Government.

4. On May 8, 2015, at around 16:39, the Defendant taken one-time a bridge of the victim’s bridges, who suffered a short string of the body pattern within subway 2 lines in Seoul Special Metropolitan City, and whose name is unknown from the short string of the body pattern.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. Article 48 (1) of the Criminal Act of confiscation;

1. The registration of personal information and conviction of a sex offense subject to registration under Article 59(1) of the Criminal Act (i.e., primary and intellectual obstacles) of the suspended sentence becomes final and conclusive.

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