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(영문) 서울중앙지방법원 2014.08.08 2014고단3514

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 19:58 on May 21, 2014, the Defendant: (a) discovered a female of the 20-round mid-to long-term 20-distance 1, who suffered a shorter chrona, from a subway line No. 4 from the subway line No. 4 from the Southern-gu Seoul Special Metropolitan City, and (b) followed the victim by using the Defendant’s visual recording function of the cellphone No. 5 cell phone, and (c) taken the part of the victim by taking advantage of the Defendant’s visual recording function of the cellphone No. 5 cell phone.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

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 a criminal investigation report (related to the closure of screen pictures taken by a suspect);

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in 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 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of the protection of the victim, etc., it is determined that there are special circumstances that the disclosure or notification of personal information should not be disclosed or notified, and thus, the Defendant is not ordered to disclose or notify the personal information.