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(영문) 서울중앙지방법원 2017.04.28 2017고단1608
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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 January 31, 2017, at around 11:00, the Defendant entered the “C” located in Gangnam-gu Seoul Metropolitan Government, and entered the 1st floor female toilets underground of the D Building with the entrance, and entered the third screen through the entrance, and using the portable phone, the Defendant saw the victim E (n, 30 years of age) from the second column and taken the front image of the victim’s hives.

Accordingly, the defendant invaded another person's structure and taken a photograph of another person's body which may cause sexual humiliation or shame by using a camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Each written statement;

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

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant legal provisions of the Act on the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on the Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime, the selection of fines;

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

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. If a conviction on a crime committed in violation of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment that is a sex offense subject to the registration of personal information of a provisional payment order becomes final and conclusive, 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 the head of the competent police office pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, and the registration that can be achieved due to such order.

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