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(영문) 서울중앙지방법원 2013.10.31 2013고단5715
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 12, 2013, at around 20:15, the Defendant, within the second basement C store of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Underground Building B, taken the parts of the body part of the victim D (n, 29 years old) with the Defendant’s cell phone with a camera function on the knee of the Defendant, and knee of the Defendant’s cell phone on the knee of the goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Records of seizure and the list of seizure;

1. 피의자의 범행현장 사진, 피의자의 휴대푠에 촬영된 동영상 사진 법령의 적용

1. Relevant legal provisions concerning facts constituting an offense, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, 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 Article

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, order to disclose or notify personal information, the degree of disadvantage and anticipated side effects to be achieved by such order, the preventive effect and effect of a sexual crime subject to registration, and the effect of protection of victims, etc. in light of comprehensive consideration of the Defendant’s age, occupation, risk of repeating a crime, method and consequence of a crime, and seriousness of the crime, order to disclose or notify the personal information, it is determined that there are special circumstances that need not disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and proviso to

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