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(영문) 부산지방법원 2016.11.23 2016고단5832
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 10, 2016, the Defendant taken pictures using the cell phone camera function of a female victim with a reflectr part of the victim’s name that was located in the blue subway in Seoul and below Seoul, and then taken pictures using the video image against the victim’s will, from that time, until July 10, 2016, a total of 102 times as shown in the annexed list of crimes, as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the laws and regulations concerning the records of seizure (afford submission), the images to which the suspect photographed, three video CDs, digital evidence analysis results, DVD3, additional closure photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment (in depth it is against criminal conduct and considering the fact that it does not exist in the same past);

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

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 of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the defendant 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 a related agency pursuant

In order to exempt a defendant from the order to disclose personal information, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, prevention effect of sexual assault that can be achieved through the order to disclose information, disadvantage of the defendant, etc., the order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is issued

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