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(영문) 서울중앙지방법원 2015.10.02 2015고단4414
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 15, 2015, at around 17:36, the Defendant taken a photograph of the body of another person, who may cause sexual humiliation or sense of shame, by photographing the body part of the victim’s body, where it is impossible to find out his/her name, suffering from a short doping fluor, taking advantage of his/her cellular phone from C stations located in Gangnam-gu Seoul Metropolitan Government B, and photographing the body of another person who might cause sexual humiliation or sense of shame.

2. On April 15, 2015, the Defendant taken a photograph of the body of another person, who could cause sexual humiliation or sense of shame, from an escalator that moves into the exit No. 5 of E Station in Dongjak-gu Seoul Metropolitan Government D using mobile phones, against his/her will, by photographing the body part of the victim’s body, whose name cannot be known that he/she suffered a short fluoring fluor by using mobile phones.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of photographs);

1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

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

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

1. Article 48 (1) of the Criminal Act of confiscation;

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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

The defendant's age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, and the registration that can be achieved due to such problems.

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