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(영문) 서울중앙지방법원 2013.07.12 2013고단3074
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 9, 2013, at around 10:10, the Defendant taken the body of another person, who could cause sexual humiliation or shame, by photographing a part of the body of the victim with a cell phone 5 mobile phone camera, which he was in possession of the victim C (the age of 16, female) who was seated in front of the Defendant’s front door at B urban bus that was operated by Jongno-gu Seoul Metropolitan Government Jongno-ro 2 from the front door of the wind reading room room to the front door of ro 3.5.10.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to photographs of victims);

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime 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 related agency under

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed or notified in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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