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(영문) 서울중앙지방법원 2014.02.19 2013고단8519
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 17, 2013, 15:24, the Defendant: (a) moved a smartphone with a camera function in Guro-gu Seoul Guro-gu, Guro-gu, Seoul into a video download; and (b) taken screen pictures of the body part of a female victim who suffered a short white flamer with a white flamere with a short name unknown after converting it into a video camera function, on about 51 seconds, from around 15:24 on July 17, 2013 to October 22:18, 2013 by the aforesaid method, including taking screen pictures of approximately 51 seconds of the body part of the female victim who suffered a white flamere.

As a result, the Defendant taken video images against his will, the body part or the body part of the victims who could cause sexual humiliation or a sense of sexual shame over 41 times.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (related to cellphone analysis);

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. Articles 70 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) of the Criminal Act of confiscation;

1. Where a conviction of a defendant against a sex offense subject to the 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

When comprehensively taking into account the Defendant’s age, occupation, 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, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the child or juvenile protection order shall be considered.

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