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(영문) 서울북부지방법원 2013.07.18 2013고정346
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

1. At around 04:30 on April 21, 2012, the Defendant taken twice the part of the victim’s cell phone, which might cause a sense of sexual shame by using the cell phone device of the Defendant, located in the Momeras, in the Momerase room where the trade name near the D Station located in Gwangjin-gu Seoul Special Metropolitan City, cannot be known.

2. On May 9, 2012, around 03:39, the Defendant taken four times against his/her will the sound of the victim who could cause a sense of sexual shame by the said method within the guest room in which the trade name near the D Station located in Gwangjin-gu Seoul Special Metropolitan City is unknown.

Summary of Evidence

1. Legal statement of witness E;

1. The first written statement made to E by the police;

1. A complaint;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of photographs of victims);

1. Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) applicable to the relevant criminal facts and the selection of punishment for each of the former types of sexual crimes

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

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

1. Where a judgment of conviction becomes final and conclusive on the instant criminal facts against a defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act, the Defendant constitutes a person subject to registration of personal information pursuant to Articles 4(1) and 42(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and is obligated to submit personal information to the competent agency pursuant to Articles 5(1) and 43 of the Addenda of the same Act (amended by December 18, 2012).

The reason for not issuing an disclosure or notification order does not seem to have disclosed or made public the images acquired by the instant crime except the victim, the relationship between the Defendant and the victim, the victim did not want the punishment of the defendant, and the defendant did not have the same criminal history, or the disclosure order is issued.

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