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(영문) 서울북부지방법원 2019.01.24 2018고정1462

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

It is the relationship between the defendant and the victim.

On November 29, 2017, the Defendant, using a Handphonelon owned by the Defendant with a camera function in Gangnam-gu Seoul, Gangnam-gu, Seoul. On November 29, 2017, took photographs of one telegraphic photo, fitted only the clothes of the victim C (V, 20 years of age), and one half-way photo.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. C’s legal statement;

1. Statement by the prosecution against C;

1. Application of the police protocol law to C

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.

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

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

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

In full view of the defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime of this case, disclosure order and employment restriction order, the degree and expected side effects of the defendant's disadvantage due to such order, prevention of sex crimes subject to registration, effect of the victim protection, possibility of preventing recidivism, etc., the personal information shall be disclosed and notified or the child and juvenile-related institutions, etc. shall be disclosed.