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(영문) 서울남부지방법원 2015.05.27 2015고단967
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 23:20 on February 10, 2015, the Defendant: (a) taken two-time a bridge part of the victim D (the age of 20) who was seated with a shorter bridged in the Defendant’s galthro S4 smartphone in the subway line located in the Do road of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with the 137 Do road as the galth air basin, and transmitted it to E, F, etc. immediately, on the part of the Victim D (the age of 20) who was sittingd with a balthro set of the Defendant’s galthrode in the galthothro 4 smartphone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will, and distributed the photographed objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for each type of crime (including the cases in which the accused repents the wrong offense and the case in which the accused does not have any previous offense);

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. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal 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 is obligated to submit personal information

The age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, and the expected side effects can be achieved.

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