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(영문) 서울중앙지방법원 2013.07.19 2013고단3439
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 29, 2013, at around 23:23, 2013, the Defendant taken the bridges of the victimized women, who were not aware of the names they were sittinged using the LG option machine smartphone, other than those owned by B, which are those holding B, the carmer function within the 23:46 square meters of the same day, and within the 2-3 square meters of the front section of the scar of the scarcity in Seoul subway, Seoul subway 2, the Defendant taken the bridges of the victim C (the 23 years old), who suffered a shorter flamer from a white flus pattern in the front section of the scar basin, and the 2-3 square meters of the scarlet in Seoul subway 2.

As a result, the Defendant taken two photographs of the body parts that cause sexual humiliation or humiliation against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Seizure records;

1. Application of two Acts and subordinate statutes to evidence photographs;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) concerning criminal facts

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure 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 a related agency pursuant to Article 43 of the same Act

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

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