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(영문) 서울동부지방법원 2016.10.13 2016고단1976
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

At around 21:00 on March 31, 2016, the Defendant discovered the victim D (one, two-seven years of age), followed the victim, and carried the victim into the above “Cmate” “Cat” in the front way of the “Cmaat” located in Gangdong-gu Seoul, Seoul. The Defendant carried the smartphone’s photographic function of photographing the images of the smartphone installed in the Kameras, and the Defendant took a photograph of the parts of the victim’s body back to the part of the victim.

The defendant continued to have a victim more than 600 meters back to the front of his residence in Gangdong-gu Seoul Metropolitan Government, and took a dynamic image of the victim's body body with the above smartphones after the victim who has a secret number of the apartment joint signature center.

Accordingly, the defendant taken twice against his will another person's body, which could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Application of Acts and subordinate statutes concerning investigation reports (related to filmings within the set);

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

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 against Order to attend lectures;

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

1. Where a conviction becomes final and conclusive on the facts stated in the judgment that constitutes a sex offense subject to registration, 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 Article 43 of the Criminal Procedure Act.

The age, occupation, risk of recidivism, details of the crime of the defendant to issue an order to disclose or notify personal information.

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