beta
(영문) 서울중앙지방법원 2014.07.18 2014고단3186

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 February 28, 2014, the Defendant decided to engage in sexual traffic with the victim C (V, 31 years of age) in Gangnam-gu Seoul Building 702.

At around 01:20 on the same day, the Defendant, while the victim saw a shower in a bath room, operated the gallon junoce 2 mobile phone image photographing function of his own gallon, and completed shower and taken a shower for about 3 seconds of the victim who walked in a physical state.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of CD-related Acts and subordinate statutes

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. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account in light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the prevention of sexual crimes subject to registration, the effect of protecting the victims thereof, etc.