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(영문) 서울중앙지방법원 2017.09.28 2017고단5897

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 9, 2017, the Defendant, at around 13:00, taken visual images of the victim, using the cell phone camera function of the subway stations located in the subway C, No. 9 air carrier located in Mapo-gu Seoul, Mapo-gu, Seoul, for which it is impossible to find out the name of a female victim who was exposed to a short check box of the above stairs, and the parts of the buckbucks and bucks located in the victim.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes governing criminal video CDs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the first offender who has no record of punishment.

Recognizing the facts charged, it is necessary not to repeat again.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be comprehensively considered and all the sentencing conditions specified in the arguments in this case and the records shall be determined as the same sentence as the order.

Where a conviction of a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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 obligated to submit personal information to the head of the competent police agency pursuant to Article 43 of

The defendant's age, occupation, risk of repeating a crime, health condition, type, motive, process of the crime of this case, seriousness of the crime, order of disclosure, or order of disclosure.