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(영문) 서울중앙지방법원 2021.03.31 2020고정2370
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영ㆍ반포등)
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 4, 2020, at around 15:09, the Defendant stopped in the subway C Line No. 3 located in Jongno-gu Seoul Metropolitan City, Jongno-gu, but took a photograph of nine copies of the Defendant’s Handphone (i.e., 11 PTRO MAX No. D) using a non-fluencing camera function installed in the Defendant’s Handphone (i.e., opon 11 PRX No.) and opened in the chair.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of photograph (No. 8 No. 5 of evidence list) taken by a person under police statement protocol against E (tentative name);

1. Relevant Article 14 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 electively (generally

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. If a conviction on a crime committed in the judgment of the court below, which stated that Article 334(1) of the Criminal Procedure Act should be registered and submitted, becomes final and conclusive, 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 the head of a related agency in accordance with Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the above order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection of the victim, there are special circumstances in which the Defendant’s personal information should not be disclosed or notified, or employment should not be restricted.

The decision is judged.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the former children and juveniles.

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