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(영문) 서울남부지방법원 2016.02.03 2015고단5220
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Even if the body of another person, which may cause sexual humiliation or shame, by using a camera or other similar mechanism, was taken against his will, the Defendant taken pictures of another person’s body, which may cause sexual humiliation or shame, against the latter’s will, on August 9, 2015, within the previous car operated between the viewing station in the viewing area of 131 subway 2, Jung-gu Seoul, Jung-gu, Seoul, Seoul, the Defendant taken pictures of the body of the other person, which might cause sexual humiliation or shame by taking five times the chest, am, and am, etc. of the Defendant’s cell phone camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Seizure records;

1. Application of the Acts and subordinate statutes to photographs of the victimized female taken by the victim;

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. 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. The punishment shall be determined as ordered in consideration of the following: (a) the Defendant was subject to taking one of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the number of taking pictures is not much high; (c) the chest and mar in the face of his clothes, which is relatively low in the degree of causing sexual humiliation or shame of shame; (d) the Defendant’s mistake is divided; and (e) the Defendant is the first offender who has no criminal history in the Republic of Korea.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information 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 head of the competent police office pursuant to Article

disclosure order; or

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