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(영문) 서울중앙지방법원 2015.09.25 2015고단4322

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 May 21, 2015, at around 17:10, the Defendant took visual images of the victim’s fucks and bucks, using a buphone 6 smartphones with the device-to-phone 1 in which the Defendant was using a buphone 6 mobilephone, which had been going through a street station located in the city of Guro-gu Seoul, Guro-gu, Seoul, with a 1stro-ro-ro.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of each photograph, video CD-related statute;

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

1. Articles 70 (1) 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order has a record of being sentenced to a summary order of a fine of two million won for the same crime even in around 2011, and the defendant's mistake is recognized and the conviction of the defendant against the crime subject to registration of personal information becomes final and conclusive, 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 a related agency pursuant to

In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, the degree and expected side effects of the Defendant’s disadvantage 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, the effect of protecting the victims, etc., the personal information shall not be disclosed or notified.