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(영문) 서울동부지방법원 2016.03.03 2015고단2640
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On July 17, 2015, at around 22:10, the Defendant, using smartphones with a camera function through the window of a bath room, taken a image image of the body of the victim, who saw the body of the body of the arms and the body of the arms and the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report (Attachment of a photograph to the closure of the said image);

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions concerning criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., and the selection of fines (including the fact that the accused has no criminal record of the same kind, and the damage is not relatively heavy in light of the contents of photographs);

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) of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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.

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order of personal information, and the subject of registration that can be achieved.

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