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(영문) 서울남부지방법원 2016.01.13 2015고단4879

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, on September 10, 2015, took photographs of another person’s body, which may cause sexual humiliation or sense of shame, using a camera or other similar mechanism, against the latter’s will. However, on September 13:0, 2015, the Defendant taken pictures of another person’s body, which might cause sexual humiliation or sense of shame, using a small camera in the shape of the exhaustter, at the Escrade of the Incheon Gyeyang-gu, 1034 (1034).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)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 the accused is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

When considering the Defendant’s age, risk of repeating a crime, type, motive, process, seriousness of the 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, the effect of the protection of the victim, and the favorable circumstances as seen earlier, in a comprehensive manner.