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(영문) 서울중앙지방법원 2013.09.26 2013고단4854

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On July 25, 2013, the Defendant taken the body of the victim who could cause a sense of sexual shame at least seven times in total, as described in the attached list of crimes, on the same day, taking the body of the victim against his/her will, using the subway No. 122, the subway No. 1, the subway No. 1, the subway No. 122, and the smartphone No. 1, the Kamera function, using the smartphone No. 1, the Defendant taken the body of the victim who might cause a sense of sexual humiliation, as described in the attached list of crimes, on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to seized articles and photographic materials taken by suspects;

1. Relevant 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and side effects to be borne by the Defendant 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.