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(영문) 서울중앙지방법원 2013.09.04 2013고단4264
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:50 on 06. 08. 08. 08, the Defendant installed a mobile phone camera in the visible-ray 4 subway lines located in the Jongno-gu Seoul Jongnodong, Jongno-gu, Seoul. On the other hand, the Defendant took pictures by using the cell phone camera at the center of subway (24 years old and inn) of the victim B (24 years old and inn) located in the subway central passage, which caused sexual humiliation of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

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

1. Article 16 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (or Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes that has the history of a

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where the conviction of the accused against the crime subject to the registration of personal information under Article 48(1)1 of the Criminal Act is finalized, 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 obligation to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the personal information shall not be disclosed and notified in accordance with the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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