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(영문) 서울중앙지방법원 2013.06.21 2013고단2870
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

1. On February 28, 2013, at around 12:20, the Defendant discovered that the main department of the department of mental health of the sixth floor in Jongno-gu Seoul Metropolitan Jongno-gu C Hospital and the department of mental health of the sixth floor located in Jongno-gu, Seoul, in which the victim D (n and 33 years old) is unsanitary. After converting the victim into a video hold by using a smartphone (galule S3) with a camera function that the Defendant was in possession of the victim, then converting the victim into a video hold, then taking the part of the victim’s body part of the body part of the victim against the victim’s will.

2. On October 2012, at around 08:30 on the date, the Defendant taken photographs of the 20th women’s bucks, such as bucks by using smartphones (gallon 3) with a short string function in the front line of Seoul subway line 4, and by using smartphones (gallon 3) with a short string capacity, against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Investigation report (related to the restoration of suspect mobile phone photographs);

1. Application of the photographic Acts and subordinate statutes;

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

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 age, occupation, risk of recidivism, type of crime in this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the registration that can be achieved due to such order.

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