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(영문) 서울동부지방법원 2018.03.30 2017고단4104
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 9, 2016, the Defendant, as a person engaged in automobile inspection at a vehicle inspection station, taken the body of victims who might cause sexual humiliation over a total of 10 times, as shown in the attached list of crimes, by using their cell camera functions, as a person who was in charge of automobile inspection at the vehicle inspection station located in Gangdong-gu Seoul Metropolitan Government, taking photographs of the parts of the body part of the female victim’s body, which was caused by automobile inspection at the vehicle inspection station located in Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the Acts and subordinate statutes to drillings, caps, and CDs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

1. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (where such information is comprehensively considered as the Defendant’s age, occupation, family environment, social ties, criminal records and the risk of recidivism, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the order to disclose or notify the information, and the prevention effect of sexual crimes subject to registration that may be achieved due to such order, there are special circumstances under which the Defendant may not disclose personal information;

I think)

Where a conviction becomes final and conclusive on the facts constituting a crime on which personal information is registered, the defendant shall be personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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