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(영문) 서울중앙지방법원 2014.04.18 2014고단655

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 April 16, 2013, at around 13:27, the Defendant taken screen pictures against his will, as shown in the list of crimes attached hereto, a woman’s buckbucks inside the front part of the Plaintiff’s buckbucks located in Seoul, in the name of a building in the Seoul Buddhist area, in which the test color fuck was taken on a cell phone owned by the Defendant, and the Defendant taken screen pictures against his will, as shown in the list of crimes attached hereto, which could cause sexual humiliation or sexual humiliation over a total of 10 times from around that time to October 25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Analysis of motion pictures and videos of seized articles);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Attached Table 1 through 6, 9, and 10); Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Each Sexual Crimes (Attached Table 7 and 8), and selection of each fine

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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 offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victim, etc. shall be comprehensively taken into account.