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(영문) 서울중앙지방법원 2013.07.12 2013고단3121
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 2, 2013, around 19:46, the Defendant discovered that the victim B (here, 28 years of age) suffered a short fright and sit in the front-time vehicle of the discharge station section within the subway station set forth in the subway station 1112 subway 2, Dongjak-gu Seoul Metropolitan Government, the Defendant taken a video image against the victim’s will, on the other hand, the physical part, which could cause sexual humiliation or sense of shame by using the camera installed in S2 ( Model Name: SHW-M250S) in the cellular galtho road.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Seizure records;

1. Seized articles and photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the defendant has a record of being fined for the same kind of crime on December 2011 and December 2012);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of a defendant against a sex crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act 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 a related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to 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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