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(영문) 서울중앙지방법원 2015.03.20 2015고단262

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 17, 2014, around 16:25, the Defendant took a photograph of the victim’s sloping female, who was on board the Esponser, following the victim’s unclaimed female, who was on board the Esponser, in the subway No. 6 located in the Gangnam-gu Seoul East-gu Station, Gangnam-gu, Seoul, taking a photo of the victim’s bridge, her macker, etc.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to seizure of cell phones and photographs of victims;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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 against Order to attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In a case where a conviction of the defendant against the criminal facts subject to registration of personal information registration becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to related agencies pursuant to Article 43 of the same Act, in consideration of all the sentencing factors indicated in the record, such as the defendant's age, occupation, character and conduct, family relationship, social relationship, and circumstances before and after the crime, etc., the defendant is a person subject to registration of personal information under Article 334(1) of the Criminal Procedure Act.

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, and the degree of disadvantage to the defendant due to the disclosure order or notification order.