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(영문) 서울동부지방법원 2015.11.20 2015고단2603

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 1, 2015, at around 18:43, the Defendant taken a picture of the parts of the victim in the king 5 line transfer escalator in Seongdong-gu Seoul, Seoul, using a camera charging machine with the function of the Kamermera, subsequent to the victim of his name in his name, the Defendant taken the parts of the part in the body of the victim in the Kamera with the Kamera in the form of a Kamera.

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. Statement by the defendant in court;

1. Each protocol and list of seizure;

1. Investigation report (related to analysis of seized articles);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph of a dynamic image course);

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant taken a female fat, using a camera in the form of charging Handphones, and the criminal method and content of the crime are not less than the nature of the crime. However, the defendant's awareness of the crime, the fact that the defendant has no record of punishment for the same kind of crime, and that he does not repeat by participating in social welfare volunteer activities, and the defendant's age, character and behavior, family relation, environment, the circumstances and progress of the crime, etc. are considered as a whole, and the punishment of this case is determined as the same type of punishment as the order.

Where a conviction against a defendant is finalized on the criminal facts in the judgment of a sex offense subject to registration, 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.