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(영문) 서울북부지방법원 2013.11.01 2013고단2117
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 20, 2013, at around 22:15, the Defendant took a dynamic image, using gallon No. 1 smartphone owned by the Defendant, in the direction of the exit exit No. 1, a distance-based 71-5 U.S. child located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using a device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an investigation report (report appended to a report on the analysis of the Weighters' digital cinemas of the State);

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

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. Where the conviction of a defendant against a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the defendant 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 is obligated to submit personal information to a related agency pursuant

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order shall be issued against the Defendant, given that there are special circumstances where the disclosure of personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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