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(영문) 대전지방법원 2013.10.16 2013고단2523
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 21, 2013, the Defendant discovered the victim E (n, 20 years of age, F (n, 23 years of age, 23 years of age), G (n, 23 years of age) in the vicinity of the off-gu Seoul Special Metropolitan City D department store. On May 21, 2013, the Defendant taken the victim’s buck bucks by using a video photographing function of S3 smartphone, when the Defendant owned the Defendant.

Accordingly, the defendant taken the body of the victims who could cause a sense of sexual shame using smartphone functions against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, E, F, and G;

1. Records of seizure and the list of seizure;

1. Application of photographic Acts and subordinate statutes;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter “former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”) concerning criminal facts

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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 by the Gu;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the accused is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant

Whether the registered information is disclosed or notified or not, the age, occupation, criminal record, motive and background of the crime, the degree of disadvantage and anticipated side effects of the defendant incurred due to the disclosure order or notification order, and the registration which may be achieved due to that order.

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