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(영문) 서울남부지방법원 2013.12.10 2013고단3123
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 22:10 on July 28, 2013, the Defendant taken the body of another person, who might cause sexual humiliation or shame, by photographing a breath on the part of the victim D (e.g., 40 years of age) in a drinking toilet called “C” located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, against his/her will, on the part of the Defendant’s cell phone camera, in which the victim D (e.g., 40 years of age) took a breath of the toilet, and viewed

2. The Defendant taken, at the above date, at the above time and place, the victim E (the age of 37) out of the toilet and the body of another person, who might cause sexual humiliation or sense of shame, by photographing the gate with the cell phone camera of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Statement of the police statement of E;

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

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. In full view of the physical parts of the victims who have taken pictures of the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the defendant did not have any record of being punished, and the confession of the crime of this case, and the circumstances, means, methods, and results of the crime of this case, the punishment as set forth in the order shall be determined.

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same

The order of disclosure and notification of registered information in relation to whether or not to issue an order of disclosure or notification of registered information may have significant influence on the defendant.

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