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(영문) 서울중앙지방법원 2014.11.14 2014고단6973
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence shall be suspended for the defendant.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 18, 2014, at around 19:27, the Defendant taken video images, following the victim’s bridge, etc., whose name cannot be known by using mobile phone camera in the high-speed terminal station of the Seocho-gu Seoul Metropolitan Government 19-3 subway line 7, Seocho-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. A fine of 1,000,000 won to be imposed on the suspension of sentence;

1. Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (the defendant is the first offender, the second offender is against the latter, and this case is taken into account when the victim photographs the rear habits of the telegraph at a distance away from a certain degree, and the video itself does not clearly indicate any image);

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the Criminal Act, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Protection of Victims, etc. against Sexual Abuse shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, motive, method, consequence and seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the prevention of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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