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(영문) 부산지방법원 2016.12.21 2016고단5430
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 16, 2016, around 21:07, the Defendant: (a) taken 79 ambs, etc. of women who suffered from non-personal injury using the Defendant’s cell phone camera in the same manner in the stairs of subway stations and escalators located in Busan City from April 2016 to June 2016, using the Defendant’s cell phone camera in the same manner, using the Defendant’s cell phone camera for 79 times via the Defendant’s cell phone camera in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to replys based on reports on internal investigation, records of seizure, lists of seizure, photographs of seized articles, and results of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of each sentence of a fine for negligence (the first offense is the first offense and the depth of the offense is reflected);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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

The defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, prevention and effectiveness of sexual crimes that can be achieved by the disclosure notification order, disadvantage of the defendant, etc.

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