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(영문) 서울중앙지방법원 2015.04.03 2015고단257
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

The defendant had a mind that women's legss or tocks were boomed in a mixed place, such as subway trains and buses, etc.

At around 16:15 on September 28, 2014, the Defendant taken a 111-time picture from January 2014 to September 28, 2014, as indicated in the list of crimes, on the part of the victimized women’s pathal legs or macks, where it is impossible to find out a name that he/she was seated on the back seat of a passenger’s abundbridge, using a mobile phone camera function in the bus, using a mobile phone camera function in the bus.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, using a camera over 11 times, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police statement regarding C;

1. An investigation report (a photo of the dynamic image closure on September 28, 2014), an investigation report (digital analysis results), and an investigation report (a hair analysis and output);

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

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 pursuant

An order to disclose or notify personal information.

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