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(영문) 서울중앙지방법원 2016.07.22 2016고단2918
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On May 1, 2016, at around 13:31, the Defendant, at the subway line E station located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, taken a video image for about 27 seconds of the victim’s body part in the name in which the Defendant suffered a white short flamer by using the Defendant’s smartphone camera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes to a criminal investigation report (the capture of a video taken by the person under his/her control at the time of committing a crime and attaching a CD) and to a caps attached thereto;

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;

1. Fines of 2.5 million won to be sentenced;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (Article 59 (1) of the same Act (Article 59 (1) of the same Act (Article 59 (1) that is arrested on the spot and the number of crimes is limited to one occasion, the primary offender, the employment for a four-year student at a university, the age, sex behavior, family relationship, social relationship, etc.)

1. If a conviction on a sex offense subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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

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