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(영문) 서울중앙지방법원 2013.07.12 2013고단2776
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On April 24, 2013, at around 18:40, the Defendant taken approximately 30 seconds of the lower body part of the female, which might cause a high sexual health disorder near the math of the female, with a color color color-based cell phone (C) with approximately 20 white strings of the middle half of 20 subway lines, on the part of the female, who wear a white stringer of approximately 40 parts of his name in the subway line, the main body of the female, which was 30 seconds of the lower body, in response to its female’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency under

Considering the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is determined to have any special circumstance that may not disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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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