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(영문) 서울중앙지방법원 2016.07.22 2016고단3569
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On May 13, 2016, at around 18:25, the Defendant taken a video image for about 23 seconds of the Defendant’s smartphone (on May 13, 2016, the name in which the Defendant was aboard the subway No. 4 line E through No. 2 from the subway No. 4 line E to the platform of the electric-powered train No. 2 in Dongjak-gu Seoul Metropolitan Government, and was in front of the Defendant while going on, using the Defendant’s smartphone (opon 6).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Efusing a cell phone image of the victim;

1. Investigation report (to attach photographs by capturing the main pages of the crimes and images);

1. Application of seizure records, and each statute of law applicable to DV 1;

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. 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334(1) of the Criminal Procedure Act provides that a defendant who has registered personal information of this case shall be subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in a case where a conviction becomes final and conclusive on the criminal facts of this case, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, 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 a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children against Sexual Abuse.

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