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(영문) 서울북부지방법원 2014.10.01 2014고단2235
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 May 23, 2014, at around 16:40, the Defendant taken photographs of the parts of the victim’s body against the victim’s will, using a cell phone located behind the victim’s name in an influor (influor, her age), among the 7 lines in the direction of 2 lines from the 7 lines in the direction of 2 lines from the 7 lines in the direction of the direction of 2 lines, using the cell phone located behind the victim’s name influor (influor, her age).

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. The sentencing grounds under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined in full view of the following: (a) the Defendant is the primary offender and reflects the Defendant’s age, character and conduct, family relationship, motive, means and consequence of the offense; and (b) the circumstances after the commission of the offense

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.

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