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(영문) 서울중앙지방법원 2014.03.28 2013고단8523
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 11:00 on September 10, 2013, the Defendant taken a photograph of the body part of the victim who could cause a sense of shame against the victim's will by taking four photographs of the victim's bridge using his/her mobile phone in front of his/her bus stops located in the vicinity of U.S. Seo-gu, Sinsan-si, Sinsan-si, and taking the body part of the victim who could cause a sense of shame over 32 times in total, such as the list of crimes in the attached Form, from Sep. 10, 2013 to Nov. 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Analysis and investigation of seized articles);

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

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be 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 which may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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