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(영문) 서울중앙지방법원 2020.11.18 2020고정1735

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On April 18, 2020, at around 11:23, the Defendant was exposed from the subway C Station Sclate in Gangnam-gu Seoul, the female victim was exposed to the bridge area by taking advantage of the cell phone camera function of the mobile phone in his possession. The Defendant taken photographs of the parts of the victim against the victim’s will.

Summary of Evidence

1. Application of Acts and subordinate statutes governing illegal photographing and photographing of the defendant's legal statement, records of seizure, records of 112 reported list of seizure;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the selection of a fine concerning the relevant criminal facts and the selection of a fine

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, which is subject to employment restriction;

1. In light of the contents and methods of taking the instant pictures and the social harm, etc. of mermeras crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant’s responsibility is not somewhat weak.

The defendant has received a summary order of a fine due to the crime of indecent act by compulsion in 2020.

However, the defendant recognizes his mistake.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and all the sentencing conditions, such as the circumstances after the crime, shall be determined as ordered.

If a judgment of conviction on a crime committed in the judgment to be submitted 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 the head of a related agency pursuant to

The defendant's age, occupation, risk of recidivism, and this case's exemption from the disclosure order and notification order.