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(영문) 서울중앙지방법원 2014.09.19 2014고단5254
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 18, 2014, at around 19:21, the Defendant taken pictures of the victims four times on the same day, using the Defendant’s handphone camera and the body part of the bucks, which were held behind the victim 1, a female who was in possession of the Defendant’s handphone camera, and was in possession of the victim’s bucks and the body part of the bucks, on the same day, on four occasions, as shown in the attached list of crimes.

Accordingly, the defendant taken the body parts which may cause a sense of sexual shame of the victims against the victims' will.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to output the screen by closure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc., the punishment of sexual crimes, etc. shall be taken into comprehensive consideration.

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