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(영문) 서울서부지방법원 2018.12.12 2018고단3515
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 7, 2018, at around 20:04, the Defendant was in possession of the Defendant after getting in the subway 6 station of the subway line C located in Eunpyeong-gu Seoul Metropolitan Government, for the front-time operation of the subway 6, and was in possession of the Defendant.

When a gallon photographs a woman suffering from a gallon using A8 mobilephones, the victim's chest was exposed to the victim's chest when the victim fell.

Accordingly, the body of the victim, which could cause a sense of sexual humiliation, was taken against his will by using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (related to video images taken by the person under investigation);

1. Application of each protocol of seizure and statutes on the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the defendant has the same criminal history, the defendant promises to submit photographs to an investigative agency after the discovery of the crime, and deletion thereof, the method and body parts of the defendant's body, and other various sentencing conditions, including the defendant's age, sex, environment, etc., shall be determined as per the order.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information 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 the relevant agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order shall be disadvantageous to the defendant due to the defendant's age, occupation, risk of recidivism, and the method and motive of the crime.

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