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(영문) 서울중앙지방법원 2018.03.28 2017고정3858
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On August 23, 2017, at the subway E station located in Jung-gu Seoul, Jung-gu, Seoul, around 08:00, the Defendant taken a video image of the victim (such as hump bucks and bridges in which it is impossible to find out the name of flaping the stairs by using the short test pattern of 5 mobile phones function.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes to a investigative report (the closure of the screen image taken by the person under investigation);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the facts constituting an offense, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the grounds of the facts stated in the judgment on the registration of personal information of 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 head of the competent police office pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, the Act on Special Cases Concerning the Punishment of Sexual Crimes.

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