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(영문) 서울중앙지방법원 2013.08.30 2013고단3378
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 16:40 on May 7, 2013, the Defendant: (a) sought to put the Defendant’s ScarBE mobile phone located in the front line of the victim D (the age of 22) in the front line of the subway line 2, which is located in the subway line 1112 Dong Dong, Dongjak-gu Seoul Metropolitan Government, into the rear side of the victim D (the age of 22) and to photograph the body part of the victim’s scarE into the rear inside the body part of the victim; (b) however, the Defendant was not able to witness the other passengers in the front line and to take the parts of the body part of the victim’s scar.

Accordingly, the Defendant attempted to take photographs of another person's body, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 14 and 13(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of a defendant against a sex crime subject to 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 a related agency pursuant to Article 43 of

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance 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, etc., pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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