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(영문) 서울중앙지방법원 2013.07.17 2013고단3223

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who works as a “C” clinic on the site B’s website for the sharing of Madcar photographs.

From April 201, the Defendant taken up 18 women’s clothes, body body, etc. using about 24 times, using 18 children’s cattle A5V camera and 18-55m sirens in Seoul, D, sports E and event sites, transit buses and subway sites, etc.

The Defendant, including this, taken the body that could cause sexual humiliation or shame of women from around that time to July 201, as shown in the crime list attached to the attached Form, against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on investigation;

1. Application of the Acts and subordinate statutes to photographic materials taken and posted by the suspect;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) concerning criminal facts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of a defendant against a sex crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act 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 Article 43 of

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, 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, and the effect of protecting the victims, etc., the child or juvenile protection order shall be considered.