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(영문) 서울중앙지방법원 2016.11.04 2016고단5142

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 27, 2016, at around 22:41, the Defendant taken pictures of the body parts of the victim who could cause a sense of sexual shame by photographing the body parts of the victim, in a video recording of the body parts of the victim, who suffered a chrone, using the cell phone shooting function of the cell phone 8-2, which was held by the air carrier No. 8-2, the air carrier located in Seocho-gu Seoul, Seocho-gu, Seoul, against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of photographic Acts and subordinate statutes after closure;

1. Relevant provisions of the relevant Act on criminal facts and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., and Selection of a fine (including the frequency of taking photographs, the frequency of initial crimes and the violation thereof

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. If a conviction on a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., the disclosure order and notification of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse should not be disclosed or notified. Thus, the disclosure order and the disclosure order