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(영문) 서울남부지방법원 2018.08.17 2018고단2092
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On April 11, 2018, at around 19:00, the Defendant, in the C Station located in Guro-gu Seoul Metropolitan Government, sent a video image by putting the Handphone (No. 1) owned by the Defendant, whose bus inside is equipped with a Kamera function, into the part of the victim G (n, 21 years old) and the part of the victim’s kbane, etc., in which many passengers are moving from F to E store located in Guro-gu Seoul Metropolitan Government to the direction of the E shop located in Guro-gu Seoul Metropolitan Government.

Accordingly, the defendant taken the body part of others who could cause sexual humiliation or shame by using equipment such as a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of each statute on photographs;

1. Article 14 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 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 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

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

1. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is based on the number, contents, and frequency of the instant crime, and considering the following factors: (a) the agreement with the victim; and (b) the accused is against the victim; and (c) the sentencing conditions indicated in the records, such as the criminal history, age, sexual conduct, environment, family relationship, circumstances after the commission of the crime, etc., are comprehensively considered.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 relevant agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, and exemption from disclosure order and notification order.

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