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(영문) 서울중앙지방법원 2016.10.07 2016고단5526
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On August 9, 2016, at around 19:14, the Defendant taken the body part of the victim, which could cause a sense of sexual shame, against the victim’s will, by taking a photograph of the body part of the victim’s body by using the cell phone shooting function of the cell phone 7 subway lines in Seocho-gu Seoul Metropolitan Government Sc Station C, using the cell phone shooting function of the cell phone in Seocho-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (or cell phone analysis and photographing of cell phones No. 1 of the 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 (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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognize and reflects the Defendant’s mistake from the beginning to the point of view, and so far, the method and mode of the instant crime, the level and degree of photographing materials, the Defendant is a university student who has no social experience in the early 20th century, the Defendant’s age, character and conduct, family environment, and circumstances before and after the instant crime, etc. shall be determined by taking into account the sentencing conditions indicated in the arguments, such as the Defendant’s age, character and behavior, family environment, and conditions of the crime.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant to

The exemption of the disclosure order or notification order is due to the age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, disclosure order or notification order.

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