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(영문) 서울중앙지방법원 2014.10.22 2014고단4488

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 18, 2014, at around 20:00, the Defendant: (a) followed the victim’s name influort box (for 20, the presumption) boarding the escalator in the Seoul Limit Line 2 of the Seoul subway Line 2 of the Gwanak-gu Seoul Special Metropolitan City, the Defendant taken the victim’s front image on the part of the victim’s bridge, using the Defendant’s mobile phone camera function; (b) around June 13:30, 2014, the Defendant saw the victim’s name influor (fore, the presumption as 20) who was going to go to the Defendant’s cell phone line; and (c) took the victim’s front image on the part of the bridge in the Seoul Limit Line 1 of the Yongsan-gu Seoul Metropolitan subway Line.

Accordingly, the defendant taken two times against his will another person's body, which could cause sexual humiliation or shame by using a mobile phone camera.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes concerning compilation of video images;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the Criminal 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43

The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, and the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information disclosure order, and the accused's age, occupation, risk of recidivism, motive of the crime in this case.