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(영문) 서울북부지방법원 2018.01.25 2017고단4610
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 1, 2017, at around 16:35, the Defendant: D'D' 2-story female toilets located in Jungdong-gu Seoul, Seoul, the victim E (the 25-year-old age) with the side side side screen, operated the camera function of the mobile phone at Samsung Galle-gu, the Defendant owned, in order to take the side image of the victim, in order to take the side image of the victim, the Defendant started to put the part of the mobile phone camera gate project through the lower space, but the victim did not have committed an attempted sound.

As a result, the Defendant attempted to take the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on mobile phones used for crimes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is that the defendant is recognized as committing a crime and reflects the fact, that the defendant agreed with the victim smoothly, and that there is no record of criminal punishment.

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