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(영문) 서울중앙지방법원 2015.02.13 2014고단10024
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On August 21, 2014, at around 20:45, the Defendant: (a) entered the second female toilets of △△△△ University located in Jung-gu, Seoul; (b) opened the partitions next to the partitions in which the victim D (Inn, 24 years old) reported a meltion; and (c) opened the screen image function of the mobile phone device, and (d) made the victim take the screen image of the mobile phone device to have the cell phone device pick, thereby making the victim view the melting side.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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 against the defendant on the criminal facts subject to registration of personal information has become final and conclusive by taking into account all the factors of the sentencing indicated in the record, such as the defendant's age, occupation, character and conduct, family relationship, social relationship, and circumstances before and after the crime, etc., 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 thus, the defendant is obligated to submit personal information to related agencies pursuant to Article 43 of the same Act, on the ground that he/she is a person subject to registration of personal information under Article 42 (1) of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of crime, disclosure order or notification order shall be disadvantageous to the defendant.

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