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(영문) 서울남부지방법원 2015.09.09 2015고단2706

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 8, 2015, the Defendant: (a) around 17:00 on March 17, 2015, at the airport of Gangseo-gu, Seoul, 529, there is two female women under the name-influor, who suffered a short fluor in their own front, and (b) made the aforementioned women take the part of the bridge of the said women, who were installed in the cell phone device after the said women.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to photographs of victims);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

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

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal 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

In full view of the Defendant’s age, risk of repeating a crime, type, motive, process, consequence, and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, circumstances favorable to the above, etc., the Defendant is subject to personal information 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.