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(영문) 서울남부지방법원 2018.08.22 2018고단27
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 3, 2017, around 13:28, the Defendant taken a video image of the bridge of the victim E (V, 28 years old), F (n, 27 years old), and F (n, 27 years old) who sited in a gallon 8 mobile phone in the front line of Seoul subway 2, which passed the D Station located in Guro-gu Seoul Metropolitan Government.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Each statement of E, F and G preparation;

1. Application of the Acts and subordinate statutes by capturing a photograph of the video images of the crime;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. There are special circumstances in which it is difficult to expect the effect of preventing recidivism by ordering a foreigner to complete a program because the defendant does not communicate with the Korean language, and thus it is difficult to expect such effect by ordering the foreigner to complete a program, and the order to complete a program cannot be imposed;

[Determination]

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. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which constitutes a sex offense subject to registration, 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same

The defendant enters the military court due to the defendant's age, occupation, risk of repeating a crime, type of crime, motive, process, disclosure order or notification order of this case.

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