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(영문) 서울서부지방법원 2015.09.24 2015고단1146
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 10, 2015, around 07:16, the Defendant taken a photograph by using a cell phone camera with which the Defendant was holding a lower body part of the body, such as a son’s bridge, ambl, etc., where he was found to have a victim B (n, 31 years of age), and following the detection of the victim B (n, 31 years of age).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation report (including attachment, etc. of moving pictures stored in the seized mobile phone);

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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc.

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