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(영문) 서울중앙지방법원 2013.10.18 2013고단3760

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 12:40 on May 9, 2013, the Defendant followed the Victim F (the age of 23) of French nationality from 2:00:0 to E, Jung-gu, Seoul, Seoul, the Defendant taken the victim’s bucks, bucks and paper portion of the victim’s bucks.

Accordingly, the Defendant taken the body of another person, which may cause a sense of sexual shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (including photographs);

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Selection of an alternative fine (to take into account the fact that there is no history of the same kind of crime, the contents of the image of the photographed image, and the fact that the image recorded is not distributed outside);

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

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant 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 the defendant is obligated to submit personal information to a related

Articles 47(1) and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc.