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(영문) 서울중앙지방법원 2017.10.31 2017고정2925
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On August 2, 2017, at around 18:56, the Defendant taken video images for about 26 seconds of the victim (if the Defendant was unable to know his name he was boarding the said local radar by using the camera function of the mobile phone of 6S mobile phones owned by the Defendant at the subway No. 7 line E station in Seocho-gu Seoul, Seocho-gu, Seoul, for approximately 18:56 on August 2, 2017.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of arrest of a flagrant offender;

1. Each police investigation report;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes on seizure photographs of a mobile phone and photographic images taken by evidence;

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;

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

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

4. Article 48 (1) of the Criminal Act to confiscate;

5. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, the accused 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details and background of the crime, method of the crime, seriousness of the crime, crime records, disclosure order or notification order, the degree and expected side effects of the disadvantage of the defendant's suffering, the preventive effect of the sexual crime subject to registration, the effect of the victim protection, the principle of prohibition of disadvantageous change, etc. shall be comprehensively considered.

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