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(영문) 서울중앙지방법원 2013.08.29 2013고단4245
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 17, 2013, at around 18:32, the Defendant taken a photograph of a woman’s body that may cause sexual humiliation or shame on four occasions, as shown in the annexed crime list, by taking a photograph of the woman’s body, which may cause sexual humiliation or shame, by making him/her to be exposed to a cover for a travel, which is set up by a black USB camping scam, which is set up as a brue of a brue of 20 latter half of the 122-round 122-on-line 1, Seoul, Jung-gu, Seoul, and the Defendant, as well as by taking a photograph of the woman’s body that may cause sexual humiliation or shame, as in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to seized articles and photographic materials taken by suspects;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and the selection of fines in relation to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the accused 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 is obligated to submit personal information to the competent agency pursuant to Article

Article 47(1) and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and side effects to be borne by the Defendant 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, the effect of protecting the victims, etc.

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