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(영문) 서울중앙지방법원 2018.11.30 2018고정1938
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On May 8, 2018, the Defendant was unable to take a photograph of the victim by using a camera attached to the Defendant’s cell phone in front of the subway No. 3, the subway No. 4-2, located in Jung-gu, Seoul, Seoul, in the direction of the station located in the subway No. 4-2 platform around the subway No. 4-2, waiting for a moving-on vehicle by taking a black mar, which was later waiting for a moving-on vehicle.

As a result, the Defendant tried to take the body of the victim who could cause sexual humiliation or shame by using mobile phone cameras against his will, but attempted to take the body of the victim against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (based on tracing a suspect's moving route and specifying transportation cards);

1. Article 15 and 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. When a conviction on a sex crime subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive by taking into account the fact that the defendant is the primary offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the confession and reflects the crime of this case, the fact that the crime is committed, and that the crime is committed an attempted crime, and the amount of fine prescribed in the summary order is partially reduced, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and thus, the defendant is obligated to submit personal information

The defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, order of disclosure and notification, the degree of disadvantage and expected side effects of the defendant's entrance due to the exemption of the disclosure order, notification order, and employment restriction order.

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