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(영문) 서울중앙지방법원 2013.07.26 2013고단2844
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:20 on April 27, 2013, the Defendant: (a) discovered a female under the name of the Defendant, who boarded in the subway station using subway lines 4, and was seated in the front of the Defendant; (b) performed the function of photographing the screen pictures of the oponon; (c) taken the front of the Defendant, the Defendant followed the said female from the electric vehicle operated in the front direction of the train to the egotiator installed in the direction of the high speed terminal station from 7 lines to 3 lines in the direction of the subway station; and (d) taken the ma and the lower body parts of the said female for about 31:57 minutes.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

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

1. Article 16 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the defendant has a history of being fined for the same crime on 2008);

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

1. Where a conviction of a defendant against a sex crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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 a related agency pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, type of the crime in this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, etc. shall be comprehensively considered.

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