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(영문) 서울중앙지방법원 2014.10.07 2014고단5246
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 17, 2014, at around 23:40, the Defendant: (a) discovered the victim D (n, 20 years of age) who suffered a short chron in front of the train that passed between the air exhauster of Seoul subway No. 2; and (b) taken screen pictures by putting the Defendant’s galle galle flue, worn on the Defendant’s left part, in front of the train in front of the train that passed between the air exhauster of Seoul subway No. 2; and (c) taken the part that was closely pusheded by the victim.

As a result, the defendant taken the body parts of the victim's body which may cause a sense of sexual shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Seizure records;

1. Investigation report (as to the video recording of the shots):

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

1. Articles 70 (1) 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 becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in 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 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order shall be issued against the Defendant, given that there are special circumstances where the disclosure or notification of personal information may not be made.

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