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(영문) 서울중앙지방법원 2016.10.05 2016고단5179
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 24, 2016, at around 18:49, the Defendant took a motion picture of 52 seconds of the victim’s name in distressed fluor, who was suffering from the color fluor in the color fluor of smartphone 6, and continued to take a motion picture of 42 seconds at the victim’s name fluor, which was transferred to one line within the subway C Station 5 in Jongno-gu Seoul Metropolitan Government.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the Act and subordinate statutes to investigative reports (the closures and CDs taken by a suspect at the time of committing a crime), closure photographs, video CDs;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognize and reflects the Defendant’s mistake from the beginning to the point of view, and so far, favorable circumstances such as how and how and how the Defendant committed the instant crime, the level and degree of photographing materials, the Defendant’s age, character and conduct, home environment, and circumstances before and after the instant crime, etc. shall be comprehensively considered in determining the same sentence as the order.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, 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

The defendant's age, occupation, risk of recidivism, and exemption from disclosure and notification orders.

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