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(영문) 서울중앙지방법원 2018.07.13 2018고정1240
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On April 1, 2018, at around 17:26, the Defendant: (a) taken a video image of the fluor of the victim (in the age, the fluor) and the fluorbbbbbing part of the fluor, for about 32 seconds, where it is impossible to find out the name of the Defendant’s fluor who was on board the above gGV30 mobile phones, using the cellular phone owned by the Defendant, which was operated as a high-speed terminal south line from the Gangnam point of Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the “V30 mobile phone”).

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. List of seizure and protocol of seizure;

1. Application of the Act and subordinate statutes to the investigation report (the confirmation of seized cell phone evidence and screen image);

1. Article 14 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 concerning the crime;

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

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

5. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details and background of the crime, method of the crime, seriousness of the crime, crime records, disclosure order or notification order, the degree and expected side effects of the disadvantage of the defendant's suffering, the preventive effect of the sexual crime subject to registration, the effect of the victim protection, the principle of prohibition of disadvantageous change, etc. shall be comprehensively considered.

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