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(영문) 서울중앙지방법원 2014.09.03 2014고단5019
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 1, 2014, at around 18:48, the Defendant taken a photograph of the body of the victim against his will that could cause a sense of sexual shame by photographing the body of the victim, in light of his/her name, the body of the victim, who suffered luice strings using a smartphone, No. 4 located in 1112, Dongpo-gu, Dongjak-gu Seoul Metropolitan Government, 1112, and using a smartphone with inside the camera functions, and caused a sense of sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Report of investigation (Application of Acts and subordinate statutes to analysis of seized articles);

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 the conviction of a defendant against a sex crime subject to registration of personal information is finalized by taking into account all the sentencing conditions, such as the age, occupation, character and conduct of the defendant, and circumstances before and after the crime, that the defendant is the first offender of the sentencing of Article 334(1) of the Criminal Procedure Act, and is against his/her mistake, 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 thus, he/she is obligated to submit personal information to a related agency

In light of 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 personal information shall not be disclosed and notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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