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(영문) 서울중앙지방법원 2013.12.04 2013고단6699
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 1, 2013, the Defendant: (a) around 17:52 on September 1, 2013, the Defendant: (b) set up a cell phone with the inner function of the Kamera in the form of a video screen with the cell line of 122 subway 1 line Seoul, the Defendant taken the body of the victim’s body, which might cause sexual humiliation or sense of shame, against his female will, after setting the cell phone with the short speed of 122 subway 1 line Seoul; and (c) setting the cell phone with the color-fluened body of the victim’s body, which may cause sexual humiliation or sense of shame.

2. On September 1, 2013, the Defendant, at the above place, taken a photograph of the body part of the victim’s body in distress (the 20th half) who was found to have a short testing method in the above manner, against his will, at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of a selective fine (the first offender who has no record of crime, the fact that his/her mistake is pened in depth, the image of his/her photograph, the frequency of shooting, etc.);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure 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 the defendant is obligated to submit personal information to a related agency under

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, and the registration that can be achieved due to such order.

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