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(영문) 서울중앙지방법원 2014.09.03 2014고단3753

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 15, 2014, around 09:06, the Defendant: (a) discovered the nameless female who was suffering from the short flame in the front of the Seoul subway station; (b) set the direction for the victim’s panty panty panty pantye to set the direction for the victim’s 10 seconds; and (c) taken the victim’s body against the victim’s will using the cell phone camera function, such as the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

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

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

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act refers to the defendant's primary offense against his mistake, and the defendant's name and behavior, the character and conduct, the environment, the motive, means and consequence of the crime, the circumstances after the crime, etc. are considered as a whole.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, 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 relevant agencies

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order of personal information, and the registration that can be achieved due to such order.