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(영문) 서울중앙지방법원 2016.10.07 2016고단5311
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On July 22, 2016, around 08:14, the Defendant taken the body part of the victim, which may cause a sense of sexual shame, against the victim’s will, by photographing the body part of the victim’s body, by taking four photographs of the body part of the body part of the female victim, who suffered a spawn in color, using the cell phone shooting function of the cell phone 10-gu, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the investigation report (Attachment to a photograph of a mobilephone) and the Acts and subordinate statutes on the cell phone closure photographs;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant, from the beginning, recognized his mistake in the first place and reflects it; (b) there has been no record of criminal punishment so far; and (c) the discovery at the site and seizure of the photographing device immediately; and (d) the method and form of the instant crime; (b) the level and degree of the photograph taken; (c) the Defendant’s age, character and conduct, family environment, and circumstances before and after the instant crime, etc.,

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 the crime of this case, method of crime, seriousness of the crime, order of disclosure, or disclosure order of the defendant exempted from disclosure and notification order.

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