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(영문) 서울중앙지방법원 2017.05.17 2017고단2307
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 February 17, 2017, at around 01:00, the Defendant taken a photo of the victim B (the age 24) who sits in the front-dong of the subway No. 2 located in the Southern-ro, Seoul Special Metropolitan City, in the front-dong area in the direction of the Seoul metropolitan area, using the gallon function of S7 smartphone when the Defendant’s gallon jum of the victim B (the age 24) sits in the front-dong area in the direction of the Seoul metropolitan area.

Accordingly, the defendant taken photographs against his will, using devices similar to the camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Application of the investigative report (related to the suspect's cell phone caps by cutting off the suspect's cell phone) and photographic Acts and subordinate statutes to caps;

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 a fine (including physical parts of a photographed body, confessions and reflects, initial crimes, etc.);

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 exemption of disclosure order and notification order from the defendant's age, occupation, risk of recidivism, motive for the crime of this case, method of 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 which can be achieved due to such order, and the protection effect of the victim of the sexual crime shall be comprehensively considered.

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