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(영문) 서울중앙지방법원 2016.08.19 2016고단3503

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 13, 2016, at around 18:30, the Defendant discovered the victim's name infinite, which was short of a white finc in the south of the white side from a subway No. 9 line E, 6 U.S. in Gangnam-gu Seoul, Seoul, and taken a video image for about 38 minutes by using the Defendant's smartphone (gal gallon 2, test color).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to information on the photograph and file registration by capturing a video closure;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to be the attitude of the criminal defendant against his/her will in the end of committing the crime, and it appears that he/she voluntarily completed sexual assault prevention education after committing the crime, and that he/she is willing to not repeat the criminal intent of reflectivity while engaging in volunteer activities. However, even though there is no particular criminal record, even if there was a record of the suspension of indictment due to the same crime, the punishment is determined by taking account of the method and form of the crime in this case, the water level and contents of shooting, the criminal age, sexual conduct, the circumstances before and after committing the crime, etc., and all of the sentencing factors indicated in the record, such as the method and form of the crime in this case, the degree and content of

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is a competent agency in accordance with