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(영문) 서울중앙지방법원 2016.08.30 2016고단3685
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 29, 2016, at around 14:29, the Defendant taken pictures against the injured party’s will to cause sexual humiliation by taking a part of the body part of the victim’s bodily part, which caused a sense of sexual humiliation, using a cell phone shooting function of the cell phone from the subway E, which was possessed by the subway E, U.S. in Dongjak-gu Seoul Metropolitan Government, using the cell phone shooting function of the cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Attachment to a photograph by cutting a cellphone image);

1. A photograph of a mobile phone closure;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines 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 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334(1) of the Criminal Procedure Act provides that a defendant who has registered personal information of this case shall be subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in a case where a conviction becomes final and conclusive on the criminal facts of this case, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse, and Article 50(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse.

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