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(영문) 서울서부지방법원 2018.02.02 2017고단3180
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 31, 2017, at around 19:20, the Defendant taken a photograph of the victim C (WG G6 and No. 1)’s back flamera of the smartphone (LG G6 and No. 29) where the upper body was well grounded below the upper body and her her am her amb in the direction of the Defendant, using the Defendant’s smartphone (LG G6 and No. 1).

Accordingly, the defendant took photographs of the victim's body against the victim's will, using a mechanical device similar to the camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of D;

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. 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. Unfavorable circumstances: The defendant has been punished by a fine on several occasions, etc.;

1. A favorable circumstances: 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 related agency pursuant to Article 43 of the same Act, if a conviction on the crime of which the defendant is subject to registration and submission of personal information in consideration of all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, and circumstances after the crime, such as the defendant's mistake and the fact that he/she has taken a body that can be seen in the general view, and the transmission, etc. of photographed materials is deemed not to have been done.

The Defendant’s age, occupation, risk of recidivism, and the instant case, exempted from the disclosure or notification order.

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