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(영문) 서울중앙지방법원 2015.04.10 2014고단10026
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 June 19, 2014, at around 22:00, the Defendant, at the time of Jongno-gu Seoul Jongnoro 1, tried to take a photograph of the victim, who wishes to enter the victim D in the side partitions from the main place of male and female public toilet near the angle.

Although the defendant tried to photograph the body part of the victim's body by using the cell phone device above the above toilet, the defendant did not bring the victim's wind, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Relevant provisions of the relevant Act on criminal facts and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment. (Selection of Fines: The first and the second and the second half of each offense);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 competent agency pursuant

The personal information shall not be disclosed and announced in accordance with Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) in comprehensive consideration of the defendant's age, occupation, risk of recidivism, motive of the crime in this case, method of the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc.

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