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(영문) 서울동부지방법원 2018.01.19 2017고단3558
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On May 27, 2017, at around 22:40 on May 27, 2017, the Defendant was listed above the dynamics of the male toilets in Seoul Special Metropolitan City, and attempted to photograph the body parts of the victim E (the age of 34) who could cause sexual humiliation of the victim E (the age of 34) in his/her mobile phone camera function, and tried to take the body parts of the victim against his/her will and attempted to take them against his/her will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on closure photographs;

1. Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, the selection of fines (the primary crime, the confessions made by contingent crimes, the fact that the crimes are committed in an attempted crime, the fact that the crimes are committed in an attempted crime, and the fact that an agreement has been reached with the victim)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration, which is subject to the duty to register and submit personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree of disadvantage and side effect of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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