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(영문) 서울중앙지방법원 2014.09.26 2014고단5707
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 20, 2014, at around 13:30, the Defendant, at the male station of the Dongjak-gu Seoul Metropolitan Government subway 7, taken off the body of the victim, such as buckbucks, etc. of the female victim, using the Defendant’s cell phone camera function, and taken off the victim’s body, such as buckbucks, etc. of the female victim, using the Defendant’s cell phone camera function, and on July 22, 2014, the Defendant taken the body of the victim, such as buckbucks, etc. of the female victim, using the Defendant’s cell phone camera function in the above male station, on July 22, 2014.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a mobile phone camera more than twice against their will.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to investigation reports (a photograph of a suspect by capturing a video picture);

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

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

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

1. Where the conviction of a defendant against a sex crime subject to registration of personal information is finalized in consideration of all the sentencing conditions, including the defendant's age, character and conduct, family relationship, and circumstances before and after the crime, which is subject to registration of personal information, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, and type of the crime in this case of the defendant who ordered disclosure or notification.

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