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(영문) 서울중앙지방법원 2016.09.23 2016고단4933

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 8, 2016, at around 08:12, the Defendant taken the body parts of the victim, who could cause a sense of sexual shame, against the victim's will, by taking a photograph of the body parts of the victim's body, which may cause a sense of sexual humiliation, using the cell phone shooting function of the cell phone 7 subway line D located in Seocho-gu Seoul Metropolitan Government, using a cell phone shooting function.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes on the screen of a screen to the body to capture screen pictures;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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 sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the sentencing of the provisional payment order is to be determined by comprehensively taking account of the following specific circumstances, the method and degree of the instant crime, the level and degree of photographed materials, the age of the Defendant, sexual conduct, family environment, and circumstances before and after the instant crime, as well as the sentencing conditions as indicated in the arguments.

When a conviction on a sex crime in the judgment that is subject to registration and submission of personal information that is immediately controlled immediately after the crime without any record of the crime has been committed from the beginning, and the defendant becomes subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is obligated to submit personal information to the competent agency in accordance with Article 43 of the same Act.

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the expected side effects shall be achieved.