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(영문) 서울중앙지방법원 2017.08.22 2017고정325
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 30, 2016, at around 08:05, the Defendant taken a photograph of the left buckbucks on the part of the victim E (the age of 43) by using the LG smartphone with the video function on which the Defendant had a video function in the front side of the back of the air basin of the subway 2 subway line D located in Gangnam-gu Seoul Metropolitan Government.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, using devices with functions such as camera, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement protocol with respect to G and E;

1. Written statements of E and G;

1. Application of seizure records and statutes concerning the list of seizure;

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 on the Crime.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

1. proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the principle prohibiting disadvantageous changes is applied in cases where only the defendant requests formal trial)

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 information, 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 (only on the registration of personal information of the defendant against the defendant may have an effect to prevent recidivism to a certain extent;

In a case where a formal trial is requested only by the defendant, the defendant's age, occupation, family relationship, and social relationship, the details and circumstances of the crime of this case, and the benefits expected by the disclosure order or notification order to the defendant.

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