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(영문) 서울중앙지방법원 2017.10.12 2017고정2431
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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

On June 29, 2017, at around 11:00, the Defendant taken pictures of the body of the victim who could cause sexual humiliation or humiliation against his will by taking pictures of the parts of the body, such as bucks and bucks, of female victims, using the cell phone camera function, in light of the name and body of the victim, which was short of the start-up in the air 9 line E, E, U.S. 4, in Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of the victim;

1. The application of the police seizure protocol and list of seizure, and the investigation reporting statute;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Article 48 (1) of the Criminal Act to confiscate;

5. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and background of a crime, method and seriousness of a crime, crime record, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the Defendant’s exemption from disclosure order and notification order, the preventive effect of a sexual crime subject to registration that may be achieved, the effect of the victim protection, the principle of prohibition of disadvantageous change, etc., there are special circumstances in which personal information may not be disclosed or notified.

Since it is judged, it is not ordered to disclose or notify the defendant.

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