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(영문) 서울동부지방법원 2015.09.10 2015고단1492

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

Between August 2013 and January 2014, the Defendant taken a photograph of the female with a smartphone buried in the Kamerasia without the consent of the victim who was in a relationship with the victim of Gangdong-gu Seoul Metropolitan Government D (Takings, October 1993).

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. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing mobile phones;

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. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: In cases where a conviction becomes final and conclusive with respect to the facts constituting a sex crime subject to registration, in consideration of the fact that there is no recovery of damage: the defendant's mistake that is favorable to the sentencing: the primary offender, the defendant's age, occupation, character and conduct, family relationship, and all elements of sentencing indicated in the records, such as the defendant's age, occupation, personality and conduct, family relationship, etc. before and after the crime, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment,

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order of personal information, and the registration that can be achieved due to such order.