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(영문) 서울남부지방법원 2015.01.09 2014고단4396
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 24, 2014, at around 16:51, the Defendant taken a video image for about 53 seconds of the body part of the victim’s body with a camera attached to Aphone 5S smartphones, which was located in Aphone 5, from the back of the female victims, from which it is impossible to find out the name of the Defendant who was suffering from a shot-ro 243 subway-ro 16:51, Asan-ro, Seoul Special Metropolitan City.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (to secure the victim and to attach photographs of the images of crimes);

1. Relevant Article on criminal facts, and Article 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. 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. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order is based on the following factors: (a) the degree of damage caused by the instant crime; (b) the Defendant was the initial offender; and (c) the Defendant led to the instant crime; and (d) the details, means, methods, and results

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission of personal information becomes final and conclusive, 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 to a related agency pursuant to

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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