logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.10.23 2015고단3469
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 7, 2015, around 19:52, the Defendant taken knee and buckbucks of the victim E (at the age of 15) who was game in the above game room No. 109 by using the Defendant’s mobile phone at the Internet game room of Gangseo-gu Seoul Metropolitan Government, and taken the victim’s body part against his will that may cause sexual humiliation or shame of the general public.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Police seizure records;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. Relevant provisions 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;

1. Articles 70 (1) 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 48 (1) 1 of the Criminal Act to be confiscated;

1. An order to disclose or notify registered information under Article 334(1) of the Criminal Procedure Act, and an order to disclose or notify registered information exempted from notification, need to be prudent in that it may seriously affect the defendant. In this case, in light of the fact that it is difficult to deem that the defendant's indecent act in this case has reached the extent that it is necessary to disclose or notify the personal information, and that the registration of personal information alone could have an effect to prevent recidivism of the defendant, it is deemed that there is a special circumstance in which the disclosure or notification of personal information should not be disclosed or notified. Thus, an order to disclose or notify registered information is not issued.

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

The defendant with the reason for sentencing is the crime of this case.

arrow