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(영문) 서울중앙지방법원 2013.08.23 2013고단3772

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2013. 6. 6. 17:33경 서울 강남구 역삼동 821 지하철 2호선 강남역 11번 출구에서, 계단을 올라가는 하늘색 꽃무늬 원피스를 입은 불상 피해여성과 청색 핫팬츠를 입은 불상 여성의 각 엉덩이와 다리를 자신의 갤럭시S 3스마트폰을 이용하여 동영상 촬영하였다.

Accordingly, a part of the body that causes sexual injury against the will of the victims was taken.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the selection of fines, etc. concerning criminal facts;

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

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(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account in light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.