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(영문) 서울서부지방법원 2017.01.13 2016고단2008
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 20, 2016, around 13:20 on June 20, 2016, the Defendant: (a) went back from the stairs going to the exit No. C, No. 9, in Mapo-gu Seoul, pursuant to the name-free women, and (b) used the Defendant’s smartphone (Evidence No. 1) photographed a cell phone on the lower part of the given women, using the Defendant’s smartphone photographing function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device similar to the camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on photographs;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Sexual Crimes is a clerical error in the indictment.

(Selection of Penalty)

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

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

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

5. When a conviction on a sex offense subject to registration becomes final and conclusive in light of all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of a crime, etc., as well as the fact that the Defendant erred in the sentencing of 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 the relevant agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime of this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, and the expected side effects.

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