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(영문) 서울중앙지방법원 2015.10.16 2015고단4926
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 30, 2015, at around 08:40, the Defendant, at around 08:40, accessed the victim’s her name-free female victim, who was on the top direction set up in 300 king of Seongdong-gu, Seongdong-gu, Seoul, by approaching the back of the victim’s name-free female victim who was on the top direction.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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. If the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order reflects his/her mistake and does not repeat again, the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act, in case where the conviction against the defendant becomes final and conclusive in regard to the criminal facts of which the defendant is a sex offense subject to registration of personal information, taking into account all the factors of sentencing as shown in the oral argument, such as the defendant's age, occupation, character and conduct, family relationship, the motive and manner of the crime of this case, and the attitude of the defendant after the crime, etc.

The defendant's 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 disadvantage of the defendant due to the disclosure order or notification order, and the expected side effects.

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