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(영문) 서울남부지방법원 2015.11.20 2015고단3213
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 April 29, 2015, at around 00:20, the Defendant took a photograph of the body of the victim using a cell phone camera from the victim E (V, 26 years of age) suffering from the heama at the top line of the area 6 a.m. in Gangseo-gu Seoul Metropolitan Government.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A statement prepared by the F;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to the investigation report (related to the result of analysis of seized articles);

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

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

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect and effect of a sexual crime subject to registration that may be achieved due to such order, the effect of protecting the victims of a sexual crime, etc. in light of a comprehensive consideration of the following: Article 47(1) and Article 49(1) of the Criminal Procedure Act; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; thus, the order of disclosure or notification shall not be issued to the Defendant.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the accused shall be personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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