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(영문) 서울북부지방법원 2015.05.14 2014고단4358
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On July 20, 2014, the Defendant: (a) around 17:55 on July 20, 2014, around 17:55, k509 electric train k509, while the train was in operation from king to Cheongri Station, considered that the victim C (n, 21 years of age) suffered a boom and was on the entrance door, and taken a video image against the Defendant’s will, when the train was in operation from king to Cheongri Station, that the victim C was on the side of the entrance, and that the victim’s galthoththro (SM-T255S), which could cause sexual humiliation by using a mobile phone (SM-T255S).

Summary of Evidence

1. Statement by the defendant in court (four-time public trial);

1. C’s statement;

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

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

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. Where a conviction becomes final and conclusive for a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in which the defendant becomes a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, taking into account the contents, place, frequency, and all other factors of sentencing (not later than once on the fourth public trial) of the same criminal offense and one time (not later than a fine of 1,00,000) prior to the same offense, and the same offense subject to registration, which is a sex offense subject to registration.

The defendant's age, risk of recidivism, contents and motive of the crime, method of the 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 prevention and effect of sexual crimes subject to registration which can be achieved due to such order, and the protection effect of the victim.

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