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(영문) 서울남부지방법원 2016.02.17 2015고단5025
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around 15:00 on March 20, 2013, the Defendant taken a photograph of a female influencies and the sloping body of his name using the Defendant’s LG G2 mobile phone camera function at the 6 smoking room of Mapo-gu Seoul building, Mapo-gu, Seoul. The Defendant taken a photograph of a female influencies and the sloping body of his name using the Defendant’s LG G2 mobile phone function, and taken a photograph of the damaged female’s legs and the sloping body using the above camera function at a total of six times, as described in the list of crimes, from around the above day to 20

Accordingly, the defendant taken the body of another person who caused sexual humiliation or shame by using the mobile phone camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the investigation report and photographs posted by the suspect;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, 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 relevant agency pursuant to Article 43 of the same Act.

The age, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration, the effect of the protection of the victim, and the conditions favorable to the above.

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