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(영문) 서울중앙지방법원 2014.03.26 2013고단8396
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 2, 2013, at around 09:56, the Defendant discovered the victim C (V, 19 years of age) who gets on and off the shot 3rd Station of Jongno-gu Seoul, Jongno-gu, Seoul, 59 subway 3rd Station of the 59 subway line, and discovered the shot 19 years of age, and took photographs of the parts of the victim, such as the victim's her mack, using the digital camera possessed by the shot.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to victims' photographs and photographs;

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. Articles 70 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) of the Criminal Act of confiscation;

1. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant in accordance with the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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