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(영문) 수원지방법원 안양지원 2016.03.30 2015고단1798

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

1. On July 8, 2015, at around 16:07, the Defendant taken a video image against the Defendant’s cell phone (opon 6, white) Kamera, and the nameless female flamera, taking advantage of a white flamer, on the platform of the Seoul Mapo-gu Seoul Mapo-gu B subway 2 line C, against his will between 42 and 42 seconds.

2. Around 16:17 the same day as the description in the preceding paragraph, the Defendant taken screen pictures against his will, from the escape stairs No. C, No. C, No. 9, in a white fluor, the name influoring female fluor who wears a red fluor in a white fluor, against the Defendant’s intention.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of four Acts and subordinate statutes to four photographs;

1. Relevant Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes concerning the facts constituting an offense, and the selection of each fine (see, e.g., Supreme Court Decision 2006Da140

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

1. Where the conviction of the Defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information of 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 above Act.

However, it can be said that the registration of personal information alone has the effect of preventing recidivism to a certain extent.

In light of the fact that it appears, there is a special reason to not disclose personal information.