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(영문) 서울중앙지방법원 2017.02.24 2016고단9143
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On October 16, 2016, at around 17:19, the Defendant taken a photograph of the body of another person, such as buckbucks, which may cause sexual humiliation or sense of shame, from the stairs of subway 2 lines D 5, 6, subway lines in Dongjak-gu Seoul Metropolitan Government, with the mobile phone camera function of the Defendant, and taken 6 times the body of another person who could cause sexual humiliation or sense of shame from the victim’s name influent female who suffered a short fluent horse with the victim’s mobile camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of each statute on photographs;

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, and the Selection of a fine (in the case of continuous photographing the body part while following the victim, consideration shall be given to the motive and background of the crime, the body part recorded, the confession and reflect of the crime, and the primary charge);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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