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(영문) 서울중앙지방법원 2013.07.12 2013고단3123

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who works as a “C” clinic on the site B, which is a specialized site of Madcar photographs.

피고인은 2010. 12.경부터 2012. 5.중순경까지 서울 청계천, 여의도, 한강공원, 광화문, 경기 일산역 주변 및 호수공원 등지에서 자신의 캐논 파워샷 카메라를 이용 약 57회에 걸쳐 31명의 짧은 치마와 바지를 입은 여성들의 속옷 및 하체 등 성적 욕망 또는 수치심을 유발할 수 있는 신체를 그 의사에 반하여 촬영하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The application of photographic materials 1 and the Acts and subordinate statutes for investigation reporting;

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

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. Article 16 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the fact that the defendant has been issued a fine of one million won for the same kind of crime)

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

Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, 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 to be achieved therefrom, and the effect of protecting the victims, etc.