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(영문) 서울남부지방법원 2015.09.09 2015고단3008
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 18, 2015, around 15:30 on June 15, 2015, the Defendant taken a balthodic image of a female suffering from a dalthical damage using the Defendant’s galthothopt 2 cell phone function in the ethical radar installed in the 30-ro 30 Station and the transfer section of the 1st line in Jongno-gu Seoul Metropolitan Government.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using the camera function of the mobile phone against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to photograph by investigation report and closure;

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

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. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, 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

In full view of the Defendant’s age, risk of recidivism, type of crime, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant’s entrance, the preventive effect and effect of the sexual crime subject to registration, the effect of the protection of the victim, the favorable circumstances as seen earlier, etc., the Defendant shall not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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