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(영문) 서울중앙지방법원 2015.10.16 2015고단4877
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On July 4, 2015, at around 21:45, the Defendant followed the victim, who was a woman under the name unexploited mar in the name of the passenger, who was rapidly cut off at No. 4 exit of the subway line 2 in the Dongjak-gu Seoul Metropolitan Government, and taken a screen image of the body part of the victim by using the camera function of the cell phone.

As a result, the defendant tried to take photographs of another person's body, which may cause sexual humiliation or shame against his will, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (Attachment of cell phoness and photographs and videos for criminal use);

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

1. Article 15 of the relevant Act on Criminal Crimes and Articles 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines;

1. Articles 70 (1) 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In a case where the Defendant, on January 14, 2015, was sentenced to a fine of two million won for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes, even though he/she had been sentenced to a fine of two million won on January 14, 2015, committed the instant crime, and the Defendant recognized his/her mistake and confirmed a conviction against the Defendant on the criminal facts in the judgment that constitutes a sex offense subject to registration of personal information, if the conviction against the Defendant 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

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order.

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