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(영문) 서울중앙지방법원 2014.04.11 2013고단8394
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 August 1, 2013, the Defendant, at around 19:06, taken photographs of the victim’s tamp and the part of the bridge using the cell phone with the inner function of the camera 2, the subway line 11, southnam Station, Gangnam-gu, Seoul, to find out the victim’s name unfolding female who is going out of the stairs by suffering scam, following it, and then taken photographs of the victim’s tamp and the part of the bridge by using the cellular phone with the inner function.

From 08:15 on the same day to the above time, the Defendant taken photographs against his will another person's body that may cause sexual humiliation or shame using a camera over 12 times, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Analysis photographs of seized articles;

1. The CD;

1. Application of Acts and subordinate statutes on 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 Selection of fines for the crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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 offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc., the Act on the Punishment, etc. of Sexual Crimes shall be comprehensively considered.

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