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(영문) 서울서부지방법원 2013.09.27 2013고단1986

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, on July 9, 2013, the Defendant discovered the victim D (the age of 33) with a pole aboard the corridor, while seating in the C bus which was in the vicinity of Eunpyeong-gu Seoul Metropolitan Government, around 08:11, the Defendant laid down his cell phone and taken the flab in a video image by putting the victim's cell phone into the bottom of the primary sponse of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning photographs and seizure records to victims;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes.

1. Where a judgment on the registration of personal information under Articles 70 and 69(2) of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of re-offending) on the defendant's military force.