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(영문) 서울중앙지방법원 2014.12.17 2014고단7946
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, around 17:37 July 2, 2014, the Defendant found the victims in the name in the short fluor in the 7-speed terminal station in Seocho-gu Seoul, Seocho-gu, Seoul High-speed Terminal Station No. 7, and found the victims in the short fluora, and taken the parts in the victim’s fluora function in the Samsung galno No. 3 mobile phones and the parts in the fluora of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Photographs taken;

1. Application of the video CD-related Acts and subordinate statutes

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 a judgment of conviction against a defendant is finalized on a sex offense subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the expected side effects can be achieved.

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