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(영문) 서울중앙지방법원 2013.11.15 2013고단6522

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.

Reasons

Punishment of the crime

On July 11, 2013, at around 06:00, the Defendant taken a photograph of the victim’s body against his will that could cause sexual humiliation or shame by photographing bucks, etc. of the victim C (the 20-year age), who was seated by using a cell phone camera within the Incheon metropolitan bus B, which operated the road located in the Seocho-gu Seoul Metropolitan Government distribution Dong, and by taking screen of the bucks, etc. of the victim C (the 20-year age), who was seated above the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

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

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of a fine for selective punishment (the defendant has destroyed evidence, such as deletion of video images without permission by the defendant), but it is not good that the defendant has taken into account his/her mistake in depth and the fact that the defendant is an initial offender who has no record of crime);

1. Articles 70 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 crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is to be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage 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 protecting the victims, etc.