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(영문) 서울중앙지방법원 2015.05.29 2015고단1435
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 25, 2015, at around 19:50 on February 25, 2015, the Defendant taken a photograph of the body of another person, who may cause sexual humiliation or sense of shame, including the victim E (the age of 35), by photographing five copies of his front, rear, and finishing her body, such as the condition that customers, including the victim E (the age of 35), shot out of clothes, using mobile phones in Dongjak-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Police seizure records;

1. Application of the statutes on photographs;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant has no criminal records other than the instant case, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined by taking

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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

In light of the fact that the Defendant is a Chinese person and does not use the Korean language, etc., the Defendant is deemed unable to impose an order to attend a course or order to complete a program under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore, the Defendant is not subject to

The defendant's age to be exempted from an order to disclose or notify personal information.

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