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(영문) 서울중앙지방법원 2014.10.08 2014고단5603
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On May 15, 2014, at around 11:40, the Defendant taken the body of the victim against his will who might cause a sense of sexual shame by photographing the lower body part of the damaged woman’s body in his name, by photographing the upper body part of the body of the victim, which might cause a sense of sexual shame, using smartphones with a short testing function inside the moving-line 4 subway line of Dongjak-gu Seoul Metropolitan Government 121-5 subway 4.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs (property seized and details of damage);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive for, method of the crime in this case, seriousness of the crime, and anticipated side effects of the crime, the disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sexual crimes subject to registration which may be achieved thereby, and the effect of protecting the victims thereof, etc.

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