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(영문) 서울중앙지방법원 2013.09.27 2013고단3427
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On May 15, 2013, around 22:22:25, the Defendant taken pictures against his will, using galthal thalthothic mobile phone equipment owned by the Defendant, which was located in the subway No. 4 from the subway No. 4 in the subway line located in Seoul, Gwanak-gu, Seoul Special Metropolitan City, using the galthalthothic phone equipment owned by the Defendant with a carmer function, and taken pictures of the parts of the Defendant, such as buckbucks, etc. located in the left part of the Defendant, in the front part of the Defendant, from April 22:26, 2013 to the point of time, the Defendant taken pictures against his will of another person, who may cause sexual humiliation over 156 times in a similar manner.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes to investigative reports (related to photographing photographs of seized articles);

1. Relevant legal provisions on criminal facts: Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012);

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture;

1. Where a conviction of a defendant against a sex crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal 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

When comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.

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