beta
(영문) 서울중앙지방법원 2013.09.26 2013고단4915

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 9, 2013, at around 22:09, the Defendant taken a photograph of the body of the victim with a camera installed in a cell phone in the cell line, which was in possession of the victim B (V, 30 years of age), following the rear of the victim B (V) who suffered a short horse in the subway 2 line area of the subway 125-66, Guro-gu, Seoul Metropolitan Government, as well as the stairs in the Guro Digital Group area and the front line of the train in operation due to new disease control.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the accused 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 the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order to disclose or notify personal information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed or notified in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.