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(영문) 서울북부지방법원 2014.07.30 2014고단1409
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 16:00 on April 25, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence in public places) violated the Act on the Punishment, etc. of Sexual Crimes (influence in public places) committed an intrusion on public toilets with a view to meeting his/her sexual desire by admitting a studio in a female toilet in order to take a merase female 4 complex commercial complex located in the same 1362, Nowon-gu, Seoul Special Metropolitan City.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), took photographs using a mobile phone camera in which the victim C (one, another, and thirty) is melted at the time, place under the preceding paragraph, and the body of the Defendant was taken against his will to cause a sense of sexual humiliation of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 14 (1) and 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines, respectively, concerning 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) there is no previous conviction or imprisonment without prison labor or heavier for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; (b) the fact that there is no agreement with the victim; and (c) the Defendant’s age, character and conduct, family relationship, motive, means

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 is obligated to submit personal information to the competent agency pursuant to

order to disclose personal information; or

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