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(영문) 서울남부지방법원 2013.12.24 2013고단3956
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 21, 2013, at around 21:10, the Defendant: (a) opened a male and female public toilet located in the Geumcheon-gu Seoul Metropolitan Government “Cju store,” and opened a cell phone located in the toilet partitions under the bottom of the toilet partitions; (b) taken the body of another person, who could cause sexual humiliation, by photographing approximately one minute of video pictures taken by the victim D (V, age 44) out of the female public partitions located next to the Defendant, and caused sexual humiliation against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The punishment as ordered shall be determined by comprehensively taking account of the physical parts of the victim taken by the defendant 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, the fact that the defendant has no record of being punished for the same kind of crime, and the background, means, methods, results, etc. of the crime in this

Where this judgment becomes final and conclusive, 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 head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

It is so ordered as per Disposition for the reasons above.

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