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(영문) 인천지방법원 2014.10.23 2014고단5140

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine not exceeding one million won.

If the above fine is not paid, the period of 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

On April 18, 2014, the Defendant discovered the victim C (the age of 21) who is a passenger at the front line of the Incheon subway line, which passed through the Bupyeong-gu Bupyeong-gu Incheon Bupyeong Station, and taken the victim’s bucks and bucks of the victim who was seated with the victim by using the mobile phone function.

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. Statement of the police statement of the victim;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article on criminal facts: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Order to complete a program: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Provisional payment order: Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive on the judgment that is subject to the registration and submission of personal information under Article 334 (1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, 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 preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the Defendant shall obtain personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.