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(영문) 서울중앙지방법원 2018.04.13 2018고정392
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

At around 00:20 on September 21, 2017, the Defendant discovered that he was influor of the victim F. F. (F.S. 28 years old) of the Defendant who was in a subway line No. 7 line E line No. 4 in the air line No. 4 in Dongjak-gu Seoul Metropolitan Government, and found that he was influor of the victim F. (F.S. 28 years old), and then taken off the part of the victim’s fluor of the cell phone image shooting of the mobile phone with the Defendant’s cell line function after the victim’s line.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A written statement;

1. Application of Acts and subordinate statutes to a internal report (CCTV image data and confirmation);

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

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

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

4. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, 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 head of the competent police office pursuant to Article 43 of the same Act.

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the defendant's age, occupation, risk of recidivism, content and background of the crime, method and seriousness of the crime, crime record, disclosure order or notification order, the degree and expected side effects of the disadvantage the defendant suffers, the preventive effect of the sexual crime subject to registration that can be achieved, the effect of the victim protection, the principle of prohibition of disadvantageous change, etc.

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