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(영문) 서울중앙지방법원 2013.08.23 2013고단3795
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 30, 2013, the Defendant, within a high-speed bus going to Seoul from the front-Eup of the North Korea to the Seoul, taken a ggal lusular phone of the Defendant with a camera function, using a cellular phone of the Defendant’s gallon, in which the Defendant was seated on the back seat of the Defendant and was divingd, the Defendant taken a bal lusium image of the Defendant’s juscopic lus.

Accordingly, the Defendant taken the body of another person, which may cause a sense of sexual shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes by capturing the video;

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 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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information 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 the defendant is obligated to submit personal information to a related

In light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., personal information shall be personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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