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(영문) 서울남부지방법원 2013.09.27 2013고단2694

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 9, 2013, at around 10:17, the Defendant took the body of another person, who may cause a sense of sexual shame, such as taking the body of the victim by using a smartphone camera that is owned by the Defendant, and taking the body of another person, which might cause a sense of sexual humiliation, by making it possible for the victim to take the body of the victim to take the body of the victim, by using a smartphone camera that is owned by the Defendant, and taking the body of the other person, such as taking the body of the victim, from the underground bulletin connected to the new line store of 337 Homeplers, Guro-gu, Seoul Metropolitan Government, and the subway forest station of the subway.

Summary of Evidence

1. Defendant's legal statement;

1. Application of B’s written laws and regulations;

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

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

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

1. The sentencing grounds of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall include physical parts of the victim taken by the defendant, the criminal records of the defendant, and the defendant's confession of the crime of this case, and the circumstances, means, methods, results, etc. of the crime of this case and determine the punishment as ordered.

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism by the defendant, etc., and thus, it is not necessary to issue an order for disclosure or notification of registered information.