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(영문) 서울중앙지방법원 2016.09.07 2016고단4312
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 June 3, 2016, at around 08:37, the Defendant taken a photograph of the body part of the victim who caused a sense of sexual shame against the victim's will by taking a photograph of approximately 46 seconds of the female victim on his name, who was in possession of the subway No. 2 subway No. 1 from the subway No. 4 of the subway No. 2 in Gangnam-gu Seoul Metropolitan Government, using the cellphone shooting function of the cell phones No. 1. 1.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (Analysis of seized articles) and to photographe video images;

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 (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. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the following specific circumstances: (a) the method and mode of the instant crime; (b) the level and degree of photographed materials; (c) the Defendant’s age, character and conduct, family environment, and circumstances before and after the instant crime, determined the same sentence as the order.

When a conviction on a sex crime in the judgment that is subject to the registration and submission of personal information without criminal punishment from the beginning of the defendant's crime is confirmed after the defendant has been convicted of a sex crime subject to registration under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, he/she is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, motive for the crime of this case, method of crime, 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 may be achieved.

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