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(영문) 서울중앙지방법원 2017.08.11 2017고단4092
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On April 19, 2017, at around 11:24, the Defendant: (a) taken a video image of the victim with his 20th female victim’s son’s her son and the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs;

1. Application of Acts and subordinate statutes governing criminal video CDs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, the selection of fines (the method and body parts recorded, the confession of crimes and their depth reflects the crimes, and the fact that there is no previous conviction in

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

1. 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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 the same Act.

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, 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 that may be achieved therefrom, and the effect of the protection of the victim, etc.

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