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(영문) 서울북부지방법원 2014.11.28 2014고단3697
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 12, 2014, at around 18:25, the Defendant: (a) taken a 20-way screen image image on the part of the victim’s path-math-math-math-math-math-math-math-math-math-math-math-math-ro, Seoul Special Metropolitan City, along with the following: (b) the victim’s name influor-math-math-math-math-math-math-math-math-math-math-math-math-math-math-ro,

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall have the record of being sentenced to the suspension of indictment for the same kind of crime on the grounds of sentencing, on the one hand, and other circumstances, including the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order of personal information, and the preventive effect of the sexual crime subject to registration which can be achieved due to it.

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