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(영문) 서울중앙지방법원 2014.10.17 2014고단5856
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On July 4, 2014, at around 22:00, the Defendant, following the victim B (V, 20 years of age), was waiting to move his train at a high-speed terminal station Nos. 7 & 5-3 platform of Seocho-gu Seoul Metropolitan Government 19-3, Seocho-gu, in order to raise his cell phone on the home page used by him, and made the victim take a video screen of the victim’s the part below the body end of the victim, leading him to the lower part of the body part of the victim.

Accordingly, the defendant taken the body that could cause a sense of sexual shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. The written statements in C and B;

1. Seizure records;

1. Investigative report (the mobile phone of the suspect who has been voluntarily submitted), and the Handphone screen in which video is stored;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment to the statement of victim);

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 48(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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

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 protection effect of the victim, etc., the disclosure order and notification of personal information against the Defendant is considered as a special circumstance that may not be disclosed or notified.

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