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(영문) 서울중앙지방법원 2013.06.26 2013고단2880
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant was in the second year of B University and is currently in school.

On April 5, 2013, at around 08:26, the Defendant taken a photograph by using one’s own verification color Lprophone, which is equipped with a camera function in the transfer escalator that connects 2 lines from the Seoul subway C. 7 line, and by using one’s own verification color Lprophone, the Defendant taken the hand over under the top of the mathro of the victimized women whose name is unknown who suffered a short flame in the red chroro, and whose part is not known.

Accordingly, the defendant taken the physical parts that cause sexual humiliation or sense of shame for about two minutes against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on investigation;

1. Application of photographic Acts and subordinate statutes by cutting the evidence and audio images;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of a defendant against a sex crime subject to 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 a related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant 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 that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order is determined to be a special circumstance that may not disclose and notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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