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(영문) 서울남부지방법원 2019.02.13 2018고단136
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On August 6, 2017, at around 20:30, the Defendant tried to take the image of the victim D (W), who was in the front section for women immediately next to the victim by using his/her opphone7 mobile phone, against the victim's will, while the Defendant tried to take the front section of his/her opphone7 mobile phone, which was known to the victim and did not lead to that effect.

As a result, the Defendant tried to take the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, but attempted to take the body against his will.

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 15 of the relevant Act on Criminal Crimes and Articles 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (where it is difficult to expect the effect of preventing recidivism through an order to complete program because the accused is a foreigner because communication with the Korean language is not smooth, there are special circumstances in which order

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is 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, the accused 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 accused is obligated to submit personal information

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, order of disclosure, or order of disclosure.

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