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(영문) 서울남부지방법원 2015.09.18 2015고단3002
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 5, 2015, at around 18:27, the Defendant: (a) taken visual images of the damaged women on the platform of Mapo-gu Seoul Mapo-gu Seoul, using the Defendant’s Kamera function located in the Defendant’s opphone6 mobile phone, using the Defendant’s Mamera function located in the Defendant’s opphone6 mobile phone; (b) and (c) taken the damaged women’s am, etc. using the aforementioned mobile phone camera function four times in total as shown in the list of crimes

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the video CDs and caps-fagic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment of Sexual Crimes and Selection of Punishment Thereof;

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

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect and effect of a sexual crime subject to registration that may be achieved due to such order, the effect of protecting the victims of a sexual crime, etc. in light of a comprehensive consideration of the following: Article 47(1) and Article 49(1) of the Criminal Procedure Act; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; thus, the order of disclosure or notification shall not be issued to the Defendant.

A sex offender subject to registration.

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