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(영문) 서울북부지방법원 2020.08.20 2020고정860
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

At around 18:40 on December 23, 2019, the Defendant operated the Defendant’s cell phone camera function in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, subway No. 2, No. 3 of the subway No. 7, and after the victim D (name, 37 years of age, leisure), and recorded the victim’s bucks and her bucks by inserting the cell phone inside the victim’s buck.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A copy of the written statements prepared in D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and the selection of a fine concerning the relevant criminal facts and the selection of a fine

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of 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 conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused is 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 is obligated to submit personal information to the competent agency pursuant to Article 43(1) of

In full view of the Defendant’s age exemption from personal information disclosure and notification order, risk of recidivism, motive for committing the instant crime, content and consequence of the instant crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention of sex crimes that may be achieved therefrom, and effect of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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