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(영문) 서울동부지방법원 2016.10.14 2016고단2578

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 9, 2016, at around 17:10, the Defendant taken a video image of the Defendant’s cell phone equipment with a camera function inside the subway line 7 subway stations located in Gwangjin-gu Seoul Special Metropolitan City, with a bridge between the victim D (if the Defendant 27 years old), which could cause sexual humiliation by inserting the Defendant’s cell phone equipment with a camera function between the victim D(s).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to CDs for storage of video files, screen pictures on the face of a crime scene, etc.;

1. Relevant provisions on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Selection of a fine (including the fact that the accused commits a crime against his/her own mistake and does not repeat the crime, the frequency of taking pictures is only one time, and the accused does not have any criminal power except the punishment of a different kind of fine in 196);

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) 1 of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused 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 obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, content 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, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the punishment of sexual crimes shall be imposed.