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(영문) 서울중앙지방법원 2013.12.19 2013고단7409
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 21:50 on November 7, 2013, the Defendant taken photographs against his will the body of the victim who could cause sexual humiliation or shame by photographing his son and son’s body, who was listed on the side side of the male side, operated the dynamic image function of the smartphone camera, and on the other hand, reported melting the side of the victim F (n, 29 years of age) who was on the side of the female screen.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Records of seizure and the list of seizure;

1. An investigation report (attached to evidentiary video CDs), an investigation report (dynamic image analysis report);

1. Application of the Acts and subordinate statutes governing photographing places of occurrence;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal 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 is obligated to submit personal information to the competent agency pursuant to Article

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree of disadvantage and side effect of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.

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