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(영문) 서울중앙지방법원 2015.01.21 2014고단9003
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On May 18:55, 2014, at around 18:55, the Defendant taken the body of the victim’s rocks using the camera attached to the “Benia” mobile phone, which was owned by the Defendant, after 20 women, who suffered a short finite in the name of 18:5 of the Seoul subway 1 Seoul subway Line.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of police seizure records, and statutes on the list of seizure;

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 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. Where a judgment of conviction against a defendant is finalized on a sex offense subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of the crime in this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, etc. shall be comprehensively considered.

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