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(영문) 의정부지방법원 2015.02.13 2014고단3405

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 20, 2014, around 19:23, the Defendant taken photographs of the body of victims who might cause sexual humiliation or shame by photographing buckbucks, etc. of female victims, including buckbucks, from the time on which the Defendant was seated with galtho-2 smartphones in the subway that passed through a subway 2671, which had a 2671 in the East-gu, Dobcheon-ro, for the sake of peace, against the victim’s will. From that time, the Defendant taken photographs of the body of victims, including buckbucks and bucks of female victims, who had been seated with Kameras function in the subway, from August 1, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

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

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. Where a conviction of a defendant against a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the same

The punishment of sexual crimes shall be punished in comprehensive consideration of the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved due to such order, the effect of protecting the victim, etc.