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Reasons
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(영문) 서울동부지방법원 2015.10.29 2015고단2291
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 18, 2015, at around 23:08, the Defendant taken video images for one minute of 18 minutes against the victim’s will, following the victim’s name unexploited female fluencing from the subway station 7 lines in Gwangjin-gu Seoul Special Metropolitan City to the 5 lines, i.e., a female fluencing the above stairs, leading his smartphone to the bend part of the victim’s body and then bring his smartphone back to the lower part of the victim’s body and then causing sexual humiliation or humiliation.

2. On May 18, 2015, at around 23:20, the Defendant taken one minute 15 seconds of video clips against the victim’s will, following the victim’s name unexploited female, who suffered a short-string of verification color in front of the departure-gu Esplate located in Gwangjin-gu Seoul Special Metropolitan City, taking his/her cell phone toward the lower part of the victim’s body body, clothes, and legs, which may cause a sense of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Act and subordinate statutes on analysis and photograph of suspect A seized articles;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, and the selection of fines (in cases of a criminal defendant, the criminal defendant is the initial criminal, the fact that the criminal defendant is against his/her wrong recognition, and the frequency of taking pictures is not high);

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

1. Articles 70 (1) 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 a conviction becomes final and conclusive on the facts stated in the judgment that constitutes a sex offense subject to registration and the registration of personal information 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 under jurisdiction in accordance with

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