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(영문) 서울북부지방법원 2019.05.17 2019고정404
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 October 20, 2018, the Defendant took photographs of the body parts of the victim D (n, 31 years of age) from the hye of the victim D (n, 31 years of age) to the face, using a visual function of the hye of the hye of the hye, Seongbuk-gu Seoul Metropolitan Maur C, Seoul, against his will.

Ultimately, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements prepared in D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of photographs of seized articles);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); selection of fines, etc.

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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article

It is difficult to readily conclude that a defendant exempted from disclosure and notification orders has no criminal history due to a sex offense, and in light of the motive and background leading to the instant crime, Defendant’s age, occupation, and social relationship, etc., the risk of recidivism is likely to be established. The fact that the registration of personal information and the completion of sexual violence treatment programs alone appears to have the effect of preventing recidivism, and other benefits and preventive effects expected from disclosure and notification orders, and disadvantages and disadvantages therefrom.

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