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(영문) 서울남부지방법원 2015.12.04 2015고단4464
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 8, 2015, the Defendant taken a video image of the victim’s body by using a camera or other similar mechanism that may cause sexual humiliation or shame against his will. However, around 10:10 on October 8, 2015, the Defendant taken a video image of the victim’s body by using the Defendant’s cell phone camera function after the victim’s name was unexpectedly damaged from the 7th line platform located in Guro-gu Seoul Metropolitan Government 351 to the 2nd line platform.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment to a suspect's photographic video-shield);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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. In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect and effect of a sexual crime subject to registration that may be achieved due to such order, the effect of protecting the victims of a sexual crime, etc. in light of a comprehensive consideration of the following: Article 47(1) and Article 49(1) of the Criminal Procedure Act; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; thus, the order of disclosure or notification shall not be issued to the Defendant.

On the criminal facts of a sex offense subject to registration, the personal information shall be registered and submitted.

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