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(영문) 서울남부지방법원 2016.01.20 2015고단4567
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 20, 2015, the Defendant, on July 20, 2015, taken a gallonic image on the front line of the Defendant at around 05:59, around July 20, 2015, using the gallon function of S5 mobile phones, in a gallon-based gallon-based gallon-based ju, on the front line of the Defendant.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using the camera function of the mobile phone against his will.

2. On September 19, 2015, the Defendant, around September 18:47, 2015, taken a screen picture of the victim D (n, 33 years old) in front of the Defendant, using the gallon function of S5 mobile phones in the gallon ju city in the subway C located in Bupyeong-gu Incheon Bupyeong-gu, Incheon.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using the camera function of the mobile phone against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (for example of crimes, images and photographs);

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation 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 the relevant agency pursuant to Article 43 of the same Act.

The age, risk of recidivism, and type of the crime in this case, of the defendant to issue an order to disclose or notify personal information.

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