beta
(영문) 서울중앙지방법원 2016.07.22 2016고단2876

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On April 27, 2016, at around 21:36, the Defendant taken a video image for about 47 seconds of a woman suffering from a name in ice flus pattern, using a 6 mobile phone video photographing function in his/her gallon luscopic luscopic luscopic luscopic luscopic luscopic luscopic luscopic luscopic around 2016.

2. On April 28, 2016, at around 09:01, the Defendant taken video images for about 19 seconds of the buckbucks in the name of a woman suffering from the 5 air railroad station in Gangnam-gu, Seoul, in the same manner as that of the preceding paragraph, from the subway F station in the open-gu, U.S. located in Gangnam-gu, Seoul.

Accordingly, the defendant taken the body parts that could cause a sense of sexual shame to the victimized women over twice against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Analysis of seized articles);

1. The list of seizure and the application of statutes governing crimes;

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. 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. Article 334(1) of the Criminal Procedure Act provides that a defendant who has registered personal information of this case shall be subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in a case where a conviction becomes final and conclusive on the criminal facts of this case, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the subject of registration that can be achieved due to it.