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(영문) 서울중앙지방법원 2014.05.09 2014고단1149
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 17:00 on September 2, 2013, the Defendant, within the subway 9 line that runs from a high speed terminal station station located in Seocho-gu Seoul, Seocho-gu, Seoul in the direction of active duty service, taken a picture of the victim B (V, 24 years old) who was seated in a short string screen using the recording function of the Defendant’s cell phone image.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. Where a conviction of a defendant against a sex crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act 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 a related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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