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(영문) 서울중앙지방법원 2013.12.19 2013고단6694

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 26, 2013, at around 18:56, the Defendant: (a) established a smartphone with a white short half of the entrance stairs No. 11 in the subway No. 11, 2013, the Defendant took pictures of the victim’s bridge that may cause sexual humiliation or shame against his/her female will for about 1 minute 15 seconds; and (b) taken the victim’s body from around 22:14 on July 11, 2013 to the above date and time from around 29 times in total, as indicated in the list of crimes, to the victim’s body that may cause sexual humiliation or shame.

One of the two victims No. 1 of the crime sight table No. 3, 4, and 5 is the same person as the victim, and the victim No. 7, 8, and 9 is the same person.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Analysis of seized articles);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes in question;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the accused 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 to Article

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to it, and the protection of the victim.