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(영문) 서울중앙지방법원 2014.01.07 2013고단7859

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 07:40 on November 8, 2013, the Defendant taken the body parts of the victims who might cause a sense of shame over 36 times, such as the list of crimes in attached Form No. 2, in order to take the body parts of the victims, using a motor vehicle-type camping cam, which is owned by the Defendant, and take the body parts of the victims who might cause a sense of shame against the victim's will, by taking the body parts of the victim's body by using a 1 minute 16 seconds of screen cam cam cam cam cam.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs of each seized article, photographics of each crime dynamic image, and photographics of crime sights;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the accused 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 the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order to disclose or notify personal information, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the punishment of a sexual crime shall be punished.