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(영문) 서울중앙지방법원 2014.07.30 2014고단3802
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 15, 2014, at around 22:38, the Defendant sought to photograph the body of the victim against his/her will using a mechanical device similar to the camera by detecting the victim C (n, 34 years of age) who suffered snacker and following the victim at the exit of subway No. 4 in subway No. 4, the subway No. 1 in Dongjak-gu Seoul Metropolitan Government, and then going back to the victim, thereby causing sexual humiliation or sense of shame. However, the Defendant attempted to take the body of the victim against his/her will using a mechanical device with a similar function as the body of the victim. However, the Defendant failed to properly take the body of the victim and attempted to take the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. A photograph of a CCTV closure;

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

1. Article 15 of the relevant Act on Criminal Crimes and Articles 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines;

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection of Victims thereof are comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive for, 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 prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc.

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