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(영문) 서울중앙지방법원 2014.01.03 2013고단6689
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A fine of two million won shall be imposed on a defendant.

If the defendant fails to pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant: (a) around 12:35, the second floor “D” of the Gwanak-gu Seoul Special Metropolitan City building C, in a situation where the victim E (n, 23 years of age) reported the use of the Handphone camera from side partitions, the Defendant took the Handphone camera as a partitions, and taken the bron camera of the victim.

On September 7, 2013, the Defendant taken photographs of the body of the victims who could cause a sense of sexual humiliation at least four times from around 17:44 to the above date, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. E statements;

1. Investigation report (limited to images stored in smartphones seized by a suspect), and output photographs;

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

1. Photographs of seized objects;

1. Application of CD video-related Acts and subordinate 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 (Amended by Act No. 11556, Dec. 28, 2012);

1. Selection of an alternative fine for punishment;

1. Articles 70 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify personal information; the Defendant’s age, status, risk of recidivism; the motive and method of committing the instant crime; the seriousness of the crime; the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order; the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom; and the protection effect of the victim; thus, the Defendant shall not disclose or notify personal information.

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