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(영문) 서울남부지방법원 2013.11.15 2013고단2832
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 27, 2013, around 08:40 on June 27, 2013, the Defendant heard the sound that the victim D (e.g., age 31) entered the side partitions of female toilets located in the subway line 1 subway station located in Guro-gu Seoul Metropolitan Government, with the victim’s cell phone “SKYbe” owned by the Defendant, and taken the victim’s screen that may cause sexual humiliation by putting the hand under his/her possession and cause a sense of sexual humiliation against his/her will.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on seizure records;

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In full view of the physical parts of the victim taken by the defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act, and the fact that the defendant has no record of being punished for the same kind of crime, and the confession of the crime of this case, the circumstances, means, methods, and results of the crime of this case shall be determined as the sentence as ordered.

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that the disclosure of registered information is prohibited, such as that the registration of personal information alone appears to have an effect to prevent recidivism by the defendant.

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