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(영문) 서울중앙지방법원 2016.01.22 2015고단7332
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 6, 2015, the Defendant, at around 14:20, taken a 32-round 10 seconds of a mobile phone (gallon 3, Samsung, white, and IMF (E) with a cell phone image function installed in the gallon jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum, and a female who suffered a jum jum jum jum jum on the name of the victim and his jum jum ju

Summary of Evidence

1. Statement by the defendant in court;

1. Each photograph;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Sexual Crimes (hereinafter “Aggravated Punishment”) is that the Defendant recognized the initial offender as the primary offender, taken pictures of the parts exposed to the victims who suffered a short and half frightness and reflect, and confirmed a conviction of the facts constituting a sex offense subject to registration to be submitted and registered, the Defendant is obligated to submit personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, since the Defendant becomes a person subject to registration of personal information in accordance with Article 43 of the same Act.

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effects of the sexual crime subject to registration that can be achieved due to such order, and the protection effect of the victim.

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