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(영문) 서울중앙지방법원 2014.09.26 2014고단5645
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On July 25, 2014, around 19:25, the Defendant taken pictures against his will that could cause sexual humiliation by photographing the parts of the victim, such as the victim's her her mare, using a smartphone with the inner function, at 1112 subway No. 4, a subway No. 1112, a subway No. 4, a subway No. 1, a subway No. 4, a subway No. 11112, and the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Report of investigation (Application of Acts and subordinate statutes to the analysis and investigation of seized articles);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. Where a judgment of conviction against the defendant on the criminal facts subject to registration of personal information is finalized by taking into account the defendant's age, character and conduct, family relationship, social relationship, circumstances before and after the crime, etc., the defendant is 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 defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, type, motive, process, 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, the preventive effect and effect of the sexual crime subject to registration to be achieved therefrom, and the effect of protecting the victims, etc.

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