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(영문) 서울중앙지방법원 2015.12.04 2015고단6321

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 4, 2015, the Defendant, at around 18:31, on the 2015, on the part of a female victim on his name, who was on board an escalator for transfer, set up in the moving line 9 of subway lines located in the Dongjak-gu Seoul Metropolitan Government 220, was exposed to the behind the female victim on his name, and taken a photograph of the victim's galle-gu jug-si and buckbucks by using smartphonephones with the inside of the galle-si.

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 photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 (1) 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) 1 of the Criminal Act to be confiscated;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in regard to the registration of personal information and the determination that a sex crime subject to registration is subject to obligation to submit personal information, 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 the defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim.