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(영문) 서울중앙지방법원 2013.10.25 2013고단5340
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On July 16, 2013, at around 16:20, the Defendant discovered the victim C (n, 19 years of age) while getting on and moving from the subway-dong 1, Jung-gu, Seoul, Seoul, and taken a photograph of the part below the part of the victim against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographive images of mobile phones;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (Amended by Act No. 11556, Dec. 28, 2012);

1. Selection of an alternative fine for punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course or order to complete a program [the defendant is not subject to an order to attend a course or order to complete a program concurrently, on the grounds that special circumstances exist where it is impossible for the defendant to impose an order to attend a course or order to complete a program, considering the identity of the defendant (which is a foreigner attending a school and studying abroad) and the fact that an interpretation is inevitable for him/her to attend a course, the risk of recidivism, the motive, method

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify personal information; the age, status, and risk of recidivism of the Defendant; the motive and method of the instant crime; the seriousness of the crime; the degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order to disclose or notify personal information; the preventive effect of sexual crimes subject to registration that may be achieved therefrom; and the protection effect of the victim.

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