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(영문) 서울남부지방법원 2019.05.08 2019고단83
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 10, 2018, at around 20:25, the Defendant followed the victim D (nick, 27 years of age) who suffered a short Cheongbbane from the Cir G stairs (a picture station direction) located in Guro-gu Seoul Metropolitan Government, and continuously recorded a specific body part using his/her smartphone camera and bridge part.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.

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 on a sex crime subject to registration becomes final and conclusive in the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to the head of

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, the degree and expected side effect of the Defendant’s disadvantage due to each of the above orders, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., the disclosure and notification of the Defendant’s personal information, and the exemption from the employment restriction order and the Defendant’s age, occupation, risk of recidivism, the type and motive of the instant crime, the process of the instant order, and other special circumstances where the Defendant’s personal information should not be disclosed or notified

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