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(영문) 서울중앙지방법원 2015.08.21 2015고단3711
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 May 6, 2015, at around 23:10, the Defendant: (a) accessed a female victim, who was on a name-free list of 4 subway lines 4 lines 2089, a subway line 5 lines 4 lines 4 lines 5 lines 2089, in the south-gu Seoul Metropolitan Government, and taken the part of the buckbucks located in the victim’s body using LG G3 smartphones with the function of taking pictures.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of this case is that the defendant taken a part of the body part of the victim's body, and the degree of damage is not less than that of the victim, the defendant's mistake is recognized as the first offender, and the punishment is determined in consideration of the defendant's age, occupation, character and conduct, family relationship, social relationship, circumstances before and after the crime, etc., and the judgment of conviction against the defendant on the crime subject to registration of personal information becomes final and conclusive, the defendant 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 related agency pursuant to Article 43

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the sexual crime subject to registration which can be achieved due to such order.

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