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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2013.12.20 2013고단4007
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

A. On October 31, 2013, the Defendant discovered that the victim D (V, **) was getting off or getting out of the escalator at the exit No. 7 from subway No. 9, the subway No. 5-dong 64, Yeongdeungpo-gu, Seoul, at approximately 19:5 on October 31, 2013, the Defendant attempted to have his cell phone (Aphone 4S) taken a video by putting the female in his cell phone (Aphone 4S), which he was in possession of the female after the scaming. However, the Defendant attempted to have the female scam in a video, but failed to come up with the wind that the female discovered and resisted.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the records of seizure;

1. Article 15 of the relevant Act on Criminal Crimes and Articles 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. The physical parts of the victim who sought to be taken by the defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act, the defendant did not have any record of being punished for the same kind of crime, and the confession of the crime of this case, and the circumstances, means, methods, results, etc. of the crime of this case shall be determined as per the order.

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful as it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that may not disclose personal information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant.

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