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(영문) 서울중앙지방법원 2016.11.18 2016고단7357
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On September 2, 2016, at around 17:34, the Defendant taken approximately 20 seconds of video images using the cell phone camera photographing function of the victim D (n, 18 years old) who was listed earlier from the subway line 4 lines C, which were located in Jung-gu Seoul, Jung-gu, Seoul, using the parts of the body of the victim D (n, 18 years old).

Accordingly, the Defendant taken the body parts that could cause sexual humiliation of the victim against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (related to the analysis of evidence 1 of seized articles and the attachment of photographs);

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

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 (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. In a case where a conviction on the instant criminal facts becomes final and conclusive, the Defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage 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 the protection of the victim, etc., it is determined that there are special circumstances under which personal information shall not be disclosed and notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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