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(영문) 서울중앙지방법원 2017.08.18 2017고단4960

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On May 20, 2017, the Defendant: (a) around 17:11, the subway No. 4 lines of subway C located in Jongno-gu Seoul, Jongno-gu, Seoul; (b) laid the bottom of the front space of the red vinyl shopping bags, laid the Defendant’s Arabic cell phone into a 6-phone cell phone, laid the cell phone into a double-face tape by making the Defendant start up the cell phone and fixing it into a hole for drilling with the Kamermere, and then taken the bridge and the fright of the female victim’s bridge, the name of which the Defendant was unable to know through the hole, and the fluore screen was taken by approximately one minute.

Accordingly, the defendant taken videos against his will, using devices similar to the camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Selection of Fines (Consideration to the crimes in light of the method of crime, etc., the fact that a person is not a bad offender, a person is arrested at the site and not distributed any image, a confession and rebuttal of a 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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 43 of the same Act.

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and it can be achieved.