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(영문) 서울중앙지방법원 2014.01.23 2013고단7406

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On September 23, 2013, around 11:30 on September 23, 2013, the Defendant taken the body of the victims over a total of 11 times from around August 23, 2013 to the above date, including taking a photograph of the bridge between the victims B (n, 29 years of age) from the subway line 4, off the subway line 708-4, Dong-dong, Gangnam-gu, Seoul, to the mobile phone camera (n, 29 years of age).

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic image data, screen image CDs;

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;

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

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, degree of disadvantage and anticipated side effects to be borne by the Defendant 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, and the effect of protecting the victims thereof, etc.