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(영문) 서울서부지방법원 2017.12.20 2017고정1601

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who works in a “C” case store in B’s station.

On August 19:42, 2017, the Defendant taken visual images of the parts and the parts and parts of the body of the victim D (the name, the size, the age of 24) using a cell phone (opon 6S flus) with a camera function in a Handphone case store located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu.

Accordingly, the defendant taken video images against the victim's will to cause sexual humiliation or sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A protocol of seizure and a list of seizure;

1. Photographs of the victim's appearance on the date of the case;

1. CCTV photographs in a Handphone store and CCTV video CDs in a Handphone store;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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 a conviction on a sex crime subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

When considering the Defendant’s age, occupation, risk of recidivism, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention of sexual crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims of sexual crimes, etc., the punishment of sexual crimes, etc. shall be imposed.