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(영문) 서울동부지방법원 2017.07.14 2017고단1116
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On February 7, 2017, around 00:53, the Defendant: (a) was in front of ELV in Songpa-gu Seoul, Songpa-gu, Seoul, and was in front of the victim D (V, 20 years of age) who entered a short flamer, and was in front of the victim D (V, 20 years of age) who entered the short flamer, and took a photograph of the victim’s flamer by using the Defendant’s mobile phone camera function.

The Defendant taken the body of the victim who could cause sexual humiliation or shame as above against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. The screen of a closure of the ctv video;

1. Application of the police seizure protocol statutes;

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

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes 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 relevant agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, process, seriousness of a crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage and expected side effects, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., the Defendant may not disclose personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Thus, the defendant is judged.

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