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(영문) 서울중앙지방법원 2015.04.03 2015고단128

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 15:00 on September 19, 2014, the Defendant installed a brush at the second floor toilet of the building located in Gangnam-gu Seoul, Seoul, and taken a brut, etc. of the victim C, which is viewed as being melting and melting in the toilet.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Do image closure photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the relevant Act on criminal facts and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the selection of fines (including the fact that there is no previous criminal conviction for the same offense, the violation

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

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., pursuant to Articles 47(1) and 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.