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(영문) 서울중앙지방법원 2014.10.17 2014고단5249
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On May 15, 2014, at around 17:55, the Defendant: (a) taken video images of the Defendant’s cell phone device stored in the camera for the purpose of discovering the victim’s name unexploited female who had been tested short, and photographing the body part of the victim’s body, etc., from the stairs leading to the platform of the Seoul subway 1 line, Seoul subway 1 line; (b) discovering the victim’s name unexploited female; and (c) photographing the victim’s body part, etc.

Accordingly, the defendant taken huckbucks, pantys, etc. against the victim's will that may cause a sense of sexual shame.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of an investigation report (verification of the contents of photographing motion pictures), closure photographs, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 48(1) of the Confiscation 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, 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 the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be disclosed or notified.

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