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(영문) 서울중앙지방법원 2016.10.12 2016고단5571
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On July 26, 2016, at around 14:57, the Defendant taken the body part of the victim, which might cause sexual humiliation, against the victim's will, by taking advantage of the mobile phone camera shooting function of the cell phone 11, which was possessed by the subway line 2 subway C, located in Gangnam-gu Seoul, Seoul, the Defendant taken the body part of the victim, which may cause a sense of sexual humiliation, by emphasizing her ambbucks and her ambucks.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs (property seized and details of damage);

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

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

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act, on the grounds of the sentencing of the provisional payment order, shall be determined in full view of the following specific circumstances, methods and attitudes of the crime of this case, the level and degree of photographed materials, the age of the defendant, character and conduct, home environment, and circumstances before and after the crime.

When a conviction on a sex crime subject to registration and submission of personal information is confirmed, which is a sex crime subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is obligated to submit personal information to the competent authority in accordance with Article 43 of the same Act, after the defendant first recognizes his/her crime in a timely manner and without any reflective criminal records.

The age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, as well as the age, occupation, risk of recidivism.

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