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(영문) 서울중앙지방법원 2020.12.16 2020고정1824
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is an employee of B's clothes store, and the victim C is a customer of the store.

On April 13, 2020, at around 21:45, the Defendant taken a video image against the victim’s will by putting his clothes in the cell room of the third floor of B's clothing store located in Gangnam-gu Seoul Metropolitan Government D with a cellphone under the opening of the cellphone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the investigation report (as to the field CCTV, etc. analysis);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the selection of a fine concerning the relevant criminal facts and the selection of a fine

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 48 (1) of the Criminal Act of confiscation;

1. The defendant's crime of sentencing on the grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order is not easy in light of its circumstances, contents, etc.

However, the defendant has no record of being punished for committing a crime against his/her mistake while committing a crime.

The victim does not want to punish the defendant under the agreement with the defendant.

The punishment as ordered shall be determined in consideration of the above circumstances and the Defendant’s age, character, conduct and environment, the background and consequence of the crime, and the circumstances after the crime, etc., as well as the various circumstances that form the conditions for sentencing as shown in the instant records

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, 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 is obligated to submit personal information to the head of a related agency in accordance with Article 43 of

An order of disclosure, notification, and employment restriction.

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