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(영문) 서울중앙지방법원 2013.09.26 2013고단4305
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 5, 2013, at around 22:15, the Defendant took a video image of the Defendant’s Gaphone 5 cell phone, which was located in the lower part of the victim’s body, in light of the name and non-name wherein he was found to be a short of the shot pattern in the 1st century of subway No. Seoul Station No. 1, which was located in the middle-gu Seoul Central Government Office 122, the Defendant taken a video image for about two minutes in the lower part of the victim’s body.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (attached documents for crime prevention);

1. Relevant legal provisions concerning facts constituting an offense, 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under 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

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, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order to disclose or notify personal information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed and notified in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50

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