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(영문) 서울중앙지방법원 2015.10.30 2015고단5740
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On July 20, 2015, at around 18:22, the Defendant taken a video recording of approximately 30 seconds of the victim’s buckbucks, paper, etc., which could cause a sense of sexual shame by performing the function of gallon ju City mobile phone camera, which was held behind the female victim’s behind the galthro S6 cell phone line transfer stairs of the new e-mail Station No. 1, which was located in Guro-gu, Seoul, Guro-gu. 688.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had been sentenced to a fine on around 2009 for a crime of violation of the Act on Promotion of Use of Information and Communications Network and Protection of Victims, etc. (obscenity distribution), where a conviction of the defendant against the crime of this case in the judgment that constitutes a sex offense subject to registration of personal information is finalized, 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 the related agency pursuant to Article 43 of the same Act.

When comprehensively taking into account 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 protection order shall be considered.

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