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(영문) 서울남부지방법원 2016.03.02 2015고단4207
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 3, 2015, around 16:55, the Defendant taken a screen image of the parts of the arms and legs of the women suffering from the fire, using the Defendant’s 5 mobile phone camera function, from the subway C 7 exit in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, by using the Defendant’s gamera function of the Defendant’s 5 mobile phone cell phone, and taken the gamere image of the women suffering from the above day to July 6, 2015 using the above camera function five times in total, such as the list of crimes, from the above day to July 6, 2015.

Accordingly, the defendant taken the body of another person who caused sexual humiliation or shame by using the mobile phone camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused 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 accused is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The age, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration, the effect of the protection of the victim, and the favorable conditions as seen earlier.

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