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(영문) 서울중앙지방법원 2016.02.03 2015고단7704
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 30, 2015, at around 18:20, the Defendant taken pictures of the victim’s bucks, bucks, and fucks by using S4 smartphones when the gallon-making function was taken through a gallon of the victim’s name influent female victim’s name, who was exposed to the short fest flap that was on the top of the air-line C No. 4 air-line C in Dongjak-gu Seoul Metropolitan Government 2015, by approaching the back of the female victim.

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. Police seizure records and list of seizure;

1. CCTV photographs of the victim's crime scene;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

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. In a case where a judgment of conviction against the defendant on the criminal facts that constitute a sex offense subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act, on the grounds that the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, considering the defendant's age, sexual conduct, family relationship, motive and attitude of the crime in this case, the motive and attitude of the crime in this case, the attitude of the defendant after the crime, etc., and all of the sentencing factors indicated in the pleading, such as the defendant's attitude after the crime, has been committed.

An order of disclosure or notification shall be the defendant's age, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, and an order of disclosure or notification.

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