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(영문) 서울남부지방법원 2015.05.13 2015고단557
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a victim C(n, 25 years of age)'s workplace pay, and the defendant was to commute to and from work by using the defendant's vehicle.

On January 17, 2014, around 19:20, the Defendant tried to take the part of the victim’s body, which could cause a sense of sexual humiliation, by putting the victim’s knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Article 15 of the relevant Act on Criminal Crimes and Articles 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. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Criminal 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

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, the favorable circumstances as seen earlier, etc.

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