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(영문) 서울북부지방법원 2014.10.01 2014고단2234
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On June 2, 2014, between around 20:05 and around 20:21, the Defendant taken the parts of the body of the victims against the victims’ will using a cell phone located in the three persons of the victims’ name in front of the five subway lines of the subway line 5, the river station of the first floor underground, the first floor of the victim’s name in the Seongdong-gu Seoul Metropolitan Government, and the victim’s name influor, three persons of the victim’s name influor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes concerning photographic photographs by capturing a photographic image;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing grounds under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined in full view of the following: (a) the Defendant is the primary offender and reflects the Defendant’s age, character and conduct, family relationship, motive, means and consequence of the offense; and (b) the circumstances after the commission of the offense

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 competent agency pursuant to

When considering the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a 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 a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, in a comprehensive manner.

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