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(영문) 서울동부지방법원 2018.09.14 2018고단2318
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On July 16, 2018, around 19:55, the Defendant taken the flag of the victim D (n, 24 years old) who was exposed to the use of escalators by using the gallon function of the S9 mobile phone in the gallon in Gangdong-gu, Seoul.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A protocol of seizure and a list of seizure;

1. The investigation report (No. 7 times a year);

1. Application of statutes governing video backup business CDs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) proviso of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure disclosure order under Article 334(1) of the Criminal Procedure Act, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, motive of the instant crime, method of the crime, consequences and crime, seriousness of the crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victims, etc. shall not be disclosed)

Where a conviction becomes final and conclusive on the facts constituting the crime in which personal information is registered, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person shall be subject to Article 43

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