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(영문) 서울중앙지방법원 2017.07.20 2017고단2982
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 19, 2017, at around 17:33, the Defendant used the subway 2 lines C, No. 11, the subway stations located in Gangnam-gu Seoul, Seoul, for the purpose of using the cell phone camera function, the Defendant taken the victim’s ambuck picture, the victim’s ambuck, and the part of bucks and spucks, the name of which is short of the test color, and the name of which is short of the test color.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of two Acts and subordinate statutes to the closure of a crime image;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the fact that the defendant has no record of being punished until now as a student; (b) the facts charged are recognized and reflected; and (c) the contents of the photograph of this case, the age, sex, sex, family environment, motive for committing the crime, circumstances before and after the crime, etc. shall be determined by comprehensively taking account of the various sentencing conditions shown in the pleadings of this case.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information 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 the competent agency pursuant to Article 43

The age, occupation, risk of recidivism, motive for committing the crime of this case, method of committing the crime, seriousness of the crime, order of disclosure, or order of disclosure.

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