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(영문) 서울남부지방법원 2015.05.27 2015고단1206
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, on February 28, 2015, taken the body of another person, who may cause sexual humiliation or shame of shame, using a camera or other similar mechanism, against his will. On February 14:15, 2015, the Defendant taken the body of another person, who might cause sexual humiliation or shame from around 13:37 to 14:35 of the same day, by using the Defendant’s cell phone camera function, on the part of the victim’s name unclaimed boxes (if the body of another person was taken from around 20 to around 14:35 of the same day, the Defendant taken the body of another person, who may cause sexual humiliation or shame of shame from around 13:37 to 14:35 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on cell phone storage 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. 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

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of the protection of the victim, the favorable circumstances as seen earlier, etc., of the Defendant.

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