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(영문) 서울남부지방법원 2013.08.16 2013고정2198

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 shall be one day.

Reasons

Punishment of the crime

On May 31, 2013, around 11:30 on May 31, 2013, the Defendant taken the part of the body part of the victim, which could cause a sense of sexual shame by inserting the cell phone of the Defendant’s cell phone located in CPC located under B of Gwanak-gu, Seoul Special Metropolitan City, into a bridge between the victim D (n, 20 years of age), against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 13(1) of the relevant Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines

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

1. Where a sentence of a fine is imposed on the accused who committed a sexual crime of judgment on whether to impose an order to complete a program under Article 334(1) of the Criminal Procedure Act, in principle, the order to attend a course or order to complete a program shall be imposed (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes). However, in the instant summary order, the accused did not impose an order to attend a course or order to complete a program, and the accused requested a formal trial only, the order to attend a course or order to complete a program may not be imposed pursuant to the principle of prohibition of disadvantageous alteration under Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2012Do8736, Sept. 27, 20