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(영문) 서울중앙지방법원 2015.08.21 2015고단3634
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

On May 23, 2015, at around 14:57, the Defendant took photographs of the victim’s bucks and mucks using the LG G3 smartphones with the function of taking pictures by approaching the victim’s name unexplosive female victim, who was going up with the direction of the exit 8 in the 616 subway station located in Gangnam-gu, Gangnam-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the statutes on photographing the defendant

1. Relevant provisions on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines ( Considerations, such as the fact that there is no domestic challenge against the accused and the fact that it is against the accused, etc.);

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. In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification of personal information under Article 334(1) of the Criminal Procedure Act, the order of provisional payment shall not be ordered to disclose or notify personal information under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the following factors: (a) the Defendant’s age, occupation, risk of repeating a crime; (b) the motive, method, seriousness of the crime; (c) the degree of disadvantage to the Defendant

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