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(영문) 서울중앙지방법원 2016.12.20 2016고단7831
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 July 5, 2016, at around 23:18, the Defendant taken up approximately 49 seconds of the victim’s fuckbucks, panty pande, etc. in the name of the Defendant, using his cell phone image shooting function in the U.S. located in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the fluor photograph of a fluore image (fluor photograph of a damaged female);

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. In a case where a conviction on the instant criminal facts becomes final and conclusive, 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 thus, is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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