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(영문) 서울남부지방법원 2018.11.09 2018고단4442
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On June 20, 2018, around 12:00, the Defendant: (a) laid off a cell phone of 6S mobile phone (No. 1) from among women’s toilets on the second floor of Gangseo-gu Seoul Metropolitan Government DD building; (b) laid off his phone of 6S mobile phone (No. 38 years of age) above, and tried to take the image of the victim E (V, 38 years of age) from the side partitions; (c) however, the Defendant attempted to take the image of the victim from the side partitions; (d) he attempted to take the image of the victim’s daily behaviors.

Accordingly, the defendant tried to take photographs against the will of the victim, which could cause sexual humiliation or shame, using carmeras, but did not commit the attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the number and details of the instant crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act shall be considered; (b) the agreement with the victim is given; (c) the Defendant is against the attempted crime; and (d) the primary offender is taking into account the Defendant’s age, sexual conduct, environment, family relationship, circumstances after the commission of the crime; and (e) the sentence as ordered by the disposition shall

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, age of the victim, relationship with the victim, and each of the above shall be exempted from disclosure order, notification order, and employment restriction order.

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