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(영문) 서울중앙지방법원 2017.10.24 2017고정2480
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 May 25, 2017, at around 18:48, the Defendant taken video images of the victim’s name and influent panty panty in the name and influent panty (e.g., age omitted), the fluent fluent typ, and the buck fluent fluent flus, etc., of the victim’s name and the victim’s name and influence (e.g., age omitted) who was laid in the front of the Defendant, using the 11st air of the subway line C, located in Gangnam-gu Seoul Metropolitan Government, from the stairs of the 11st airb

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Application of the Act and subordinate statutes to investigation reports, criminal suspect crimes, video CDs;

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 on the Crime.

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction on the facts of a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 the Defendant is obligated to submit personal information to the head of the competent police agency pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime of this case, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which disclosure of personal information may not be disclosed.

Since it is judged, the punishment of sexual crimes.

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