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(영문) 서울중앙지방법원 2016.11.25 2016고단6118
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 28, 2016, at around 23:20, the Defendant taken a video image of the victim E (V, 21 years old) in front of using the cell phone camera function of the cell phone line No. 1 from the subway line No. 2 in Gwanak-gu, Seoul Special Metropolitan City, for approximately 3 seconds of the victim.

Accordingly, the defendant taken the body of another person, who may cause sexual humiliation or shame, using a mobile phone with the camera function, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Records of seizure and the list of seizure;

1. Application of the victim’s closure photographs and video CD-related Acts and subordinate statutes;

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

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

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

1. The punishment like the order shall be determined by comprehensively taking into account the favorable circumstances, such as the fact that the criminal for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the person himself/herself takes an education to prevent sexual assault, etc., and that it is an initial offender who has no previous record so far, and other favorable conditions such as the contents of the photograph of this case, the age of the defendant, character and conduct, home environment, and circumstances before and after the crime.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant to

The age, occupation, risk of recidivism, motive for committing the instant crime, method, consequence and consequence of the Defendant exempted from the disclosure order and notification order.

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