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(영문) 서울중앙지방법원 2015.10.23 2015고단5135
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On July 13, 2015, at around 22:15, the Defendant, at around 17:17, accessed the victim’s name-free women on the name-free women who was on board any escalator located in the central line of the king of Seongdong-gu Seoul, Seoul, with the name-free women inside the king of the 17th century, and taken up the victim’s buckbuck and muck using the 4S smartphone with the inside of the Kamera shooting function.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of the statutes on photographing the defendant

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

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 against Order to attend lectures;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include the confessions and reflects of the instant crime; the Defendant has no criminal record other than the instant case; the Defendant’s age, occupation, character and conduct, family relationship, circumstances before and after the instant crime; and the conditions of sentencing indicated in the records, such as the criminal defendant’s age

Where a judgment of conviction against a defendant on the crime of paragraph (1) of the judgment that is a sex offense subject to registration of personal information becomes final and conclusive, 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

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the expected side effects.

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