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(영문) 서울북부지방법원 2015.03.25 2014고단4631
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 19, 2014, around 01:20 on October 19, 2014, the Defendant listened to the sound entered side partitions of the first floor of the Seoul Jung-gu B building, and operated smartphones owned by the Defendant as a video camera, and taken the image of the victim by putting the smartphones in a space below the toilet partitions in a narrow space.

In addition, from April 25, 2014 to April 25, 2014, the Defendant taken photographs of another person’s body against his will, using the camera or other similar devices with similar functions from the above toilets for five times, such as the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (as evidence list Nos. 6 to 10);

1. Application of the existing Acts and subordinate statutes of one smartphone (No. 1) confiscated;

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

1. Aggravation of concurrent crimes as provided for in 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. Subject to Article 334(1) of the Criminal Procedure Act of the provisional payment order, the primary and negative factors of sentencing are considered based on the following factors: In a case where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration, where 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, since he/she is a person subject to registration of personal information under Article 42(1) of the same Act.

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