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(영문) 서울중앙지방법원 2017.10.16 2017고정2653
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 5, 2017, at around 8:30, the Defendant: (a) taken pictures of the victim’s 20th female victim’s ambuck, and parts of the body of buckbucks, which were located in Yeongdeungpo-gu Seoul Metropolitan Government, using the subway shooting function in the subway line C Station C, which was located in Yeongdeungpo-gu Seoul Metropolitan Government, with the 20th female victim’s ambuck, and the body part of the buckbucks, and the ambuck.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a telephone portable device with a camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the Act and subordinate statutes to report on investigation (security of suspect videos for committing crimes);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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