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(영문) 서울중앙지방법원 2014.02.19 2013고단7895
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 15, 2013, at around 13:00 on November 15, 2013, the Defendant tried to take a video image against the victim’s will by using a mobile phone with the Kamera function in Seocho-gu Seoul Seocho-gu Seoul (hereinafter “CB building”), and by using a mobile phone with the Kamera function in which the Defendant was in possession of the Defendant, the Defendant attempted to capture the cell phone into a cell phone with the body part, such as the victim D (nive, 24 years old) body body, etc., but did not go against the victim’s will, but did not go against the wind that the victim discovered the cell phone and s

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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 (the defendant has a record of having been sentenced to a fine of two million won for the same kind of crime on 2010);

1. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance 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 the protection of the victim, etc., the Defendant shall be deemed to have any special circumstance that may not disclose and notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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