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(영문) 서울중앙지방법원 2017.08.11 2017고단3988
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On April 14, 2017, around 18:45, the Defendant taken nine photographs following the victim’s buckbucks and spathal part of the victim’s bucks and spathal part, following the victim’s name, where it is impossible to find out the Defendant’s name, who was going up with the gallon’s name, using the gallon function of S6 mobile phones at the exit of subway No. 4 lines located in Dongjak-gu Seoul Metropolitan Government (S6 mobile phones).

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on photographs;

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, etc., and Selection of a fine (including the cases in which the same victim has been continuously recorded, the method of photographing and the body part of the taken body, the confession and the depth of the crime, and the fact that there

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.

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the 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 of the sexual crime subject to registration which can be achieved due to it, and the age, occupation, risk of recidivism.

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