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(영문) 서울중앙지방법원 2017.12.20 2017고정3435

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 4, 2017, at around 09:21, the Defendant followed a female victim, who was placed in front of the Defendant, and whose name was quickly colored from the top ray 2, Seoul subway Line C, to the stairs of the exit exit from the Defendant’s front, the Defendant taken a picture of the victim’s body parts and the buckbucks by using the car camera function located in the Defendant’s cell phone, with approximately one minute 31 seconds of the victim’s body parts and the bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (on-site control status, restoration, analysis, etc. of dynamics and videos), a photograph to cut out a shot, and a caps and photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

A) If a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of new information, the Defendant is a person subject to registration of personal information prescribed in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.