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(영문) 서울중앙지방법원 2017.01.20 2016고단8852
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On August 1, 2016, at around 23:47, the Defendant started from subway 2 line D, which is located in Guro-gu Seoul Metropolitan Government, and took photographs of another person’s body that may cause sexual humiliation or shame by photographing the lower part of the victim, who is a female, by using the function of giving mobile phone camera to the outside line in the front line, from the subway station D, which is located in Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. In the application of the investigation report (the suspect A's cell phone flogram photograph photograph and CD attachment) and the photographic Acts and subordinate statutes attached thereto;

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

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act (the limitation of sentence is to take a photograph of the leg exposed to outside the counter, the primary offender and his depth reflects on the defendant's age, sex, occupation, family relationship, social ties, etc.);

1. If a conviction on a sex offense subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act 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 the competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the protection of the victims thereof.

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