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(영문) 서울북부지방법원 2020.02.07 2019고정1435
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 2, 2018, at around 16:14, the Defendant taken a screen image of the parts of the victim D (V, the age of 49) in the body of the Defendant’s cell phone, and the parts of the victim D (V, the age of 49) in the body of the Defendant’s cell phone.

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

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Application of statutes on the details of E messages between a suspect and a victim;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.

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

1. Where a conviction on a sex crime subject to registration and submission of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive, 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 the defendant is obligated to submit personal information to a competent agency pursuant to

In light of the motive and background leading up to the instant crime, the Defendant’s age, occupation, and social relationship, etc., which led to the exemption from disclosure and notification orders, it is difficult to readily conclude that there is a risk of re-offending. In full view of the fact that the registration of personal information and the completion of sexual assault treatment programs alone are likely to lead to the prevention of recidivism, and other circumstances, such as the benefits and preventive effects expected by the disclosure and notification orders, and the disadvantages and side effects therefrom, the Defendant’s act

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