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(영문) 서울동부지방법원 2017.10.12 2017고단2435
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 8, 2017, the Defendant, at D'D located in Seongdong-gu Seoul Metropolitan Government around January 21:39, 2017, sited to the victim E (the age of 26) who seeks to cover the products displayed therein, and then taken the body part of the victim's body by using the body part of the victim's cellular phone function in the case of gallone which the Defendant possessed.

In addition, from April 21, 2015 to January 27, 2017, the Defendant taken photographs against his will by using devices with functions similar to Kameras over a total of 161 times, such as the written list of crimes, which could cause sexual humiliation against victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victim E;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment (such as the defendant's primary offender and an agreement with some victims);

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

1. Where a conviction on the instant criminal facts is finalized against a defendant who is obligated to register and submit personal information 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 thus, the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (the defendant is likely to repeat a sexual crime in general.

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