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(영문) 서울중앙지방법원 2016.11.11 2016고단6451
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 21, 2016, at around 21:36, the Defendant took a photograph of approximately 46 seconds using a cell camera photographing function in which the 20th century female damaged pantye and the cell panty, etc., in the name of the Defendant, who had a subway line 4 lines C, No. 4 lines in the Dongjak-gu Seoul Metropolitan Government, Escopic Scoper, 200.

As a result, the Defendant taken the body parts that may cause sexual humiliation against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Analysis of seized articles);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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. The sentencing of Article 334(1) of the Criminal Procedure Act, on the grounds of the sentencing of the provisional payment order, shall be determined in full view of the following specific circumstances, methods and attitudes of the crime of this case, the level and degree of photographed materials, the age of the defendant, character and conduct, home environment, and circumstances before and after the crime.

From the beginning, the defendant was properly recognized to commit his crime and seems to have a strong attitude to reflect his depth.

There is no particular criminal record.

However, there is a record of the suspension of indictment due to sex crimes (indecent acts at the public place).

immediately after the commission of the crime, the cellular phone was seized.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant to

The defendant's age, occupation, risk of recidivism, and exemption from disclosure and notification orders.

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