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(영문) 서울중앙지방법원 2014.09.26 2014고단5706
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 July 25, 2014, at around 17:00, the Defendant: (a) taken the body body of the victim, i.e., the body of the victim, who was unable to obtain the name of the female victim (presumed as 20) by using the Defendant’s cell phone camera function in the Seoul metropolitan line of 405 subway 1, the subway line of the Defendant used the Defendant’s cell phone camera function in the Seoul metropolitan line of 405 subway.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone camera against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police seizure records and 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 the conviction of the defendant against the crime subject to registration of personal information is finalized in light of all the sentencing conditions, including the defendant's age, character and conduct, family relationship, social relationship, and circumstances before and after the crime, that the defendant has no record of being punished for the same crime, and that he/she reflects his/her wrongness, the defendant 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 defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

When considering the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, 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 effect of protecting the victims, etc., the child or juvenile shall be considered comprehensively.

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