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(영문) 서울중앙지방법원 2015.11.20 2015고단6408
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 14, 2015, around 14:23, 2015, the Defendant: (a) accessed the victim’s bucks by using gallona7 smartphones, which was located in the high-speed terminal station of subway 3 lines located in Seocho-gu Seoul, Seocho-gu, Seoul, on the side of the victim’s bucks.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

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

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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. 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 of the provisional payment order is that the defendant is a person subject to the 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 relevant agencies pursuant to Article 43 of the same Act, in a case where a conviction against the defendant on the criminal facts in the judgment that constitute a sex crime subject to the registration of personal information is finalized, even though he/she had been punished by a fine of KRW 3 million on December 24, 2010, and a fine of KRW 4 million on August 7, 2013, even though he/she had been convicted of a public performance and obscene crime of KRW 4 million on August 7, 20

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved due to such order, and the victim.

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