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(영문) 서울남부지방법원 2013.09.27 2013고단2313

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

At around 16:00 on July 5, 2013, the Defendant taken the body of the victim, who might cause sexual distress, such as photographing the victim’s legs and buckbucks, on the bottom of the victim’s bridge, which was changed after the victim’s short b (n, 24 years old), which was on the top of the upper-way 5 subway line Embuck-dong, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

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

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act for sentencing, the contents taken by the instant crime, the defendant did not have any record of being punished for the same kind of crime, and the confession of the instant crime, and the circumstances, means, methods, and results of the instant crime shall be determined by taking full account of the following factors:

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 seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of registered information may not be made, such as where the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. Therefore, an order for disclosure or notification of registered information is not required.