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(영문) 서울중앙지방법원 2016.08.26 2016고단3684
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 23, 2016, at around 08:12, the Defendant taken the physical parts of the victim, who caused a sense of sexual shame, against the victim’s will, by taking a visual image of approximately 23 seconds of the body of the victim, using the cell phone camera shooting function in subway No. 1 E station of the subway line located in Geumcheon-gu Seoul Metropolitan Government, by using the cell phone camera shooting function.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photograph by cutting down a course;

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 Aggravated Punishment (Taking into account the selection of a punishment penalty, the initial crime and the reflection thereof, etc

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant 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 preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 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.

Since it is judged, it is ordered to disclose to the accused.

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