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(영문) 서울동부지방법원 2014.06.27 2014고단384
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On January 27, 2014, at around 19:00, the Defendant taken a 257 subway 3 mobile phone-based bridge of the victim B (n, 25 years of age) using a camera installed in smartphones in the front line of the 257 subway 3 mobile railway station.

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. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of cell phones image data);

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. That the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the victim was mentally shocked and the defendant was punished is disadvantageous to the defendant.

On the other hand, it is clear that the social relationship between the defendant is clear, such as the fact that the defendant recognizes the crime of this case and reflects the fact that there is no criminal record of criminal punishment, the fact that the defendant suffers from the disease of liver and urology, and the defendant's secte is seeking the defendant's wife.

Here, the method and result of the instant crime, comprehensively taking into account all the conditions of sentencing, including the circumstances after the instant crime, Defendant’s age, character and conduct, family environment, etc., shall be determined as per the disposition.

When a conviction on a crime subject to registration and a sex offense subject to registration becomes final and conclusive, the defendant shall be 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 shall be obligated to submit personal information to the relevant agency, as prescribed in Article

The defendant's age, occupation, and exemption from the disclosure order or notification order;

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