beta
(영문) 서울중앙지방법원 2017.09.19 2017고정2116

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 9, 201, at around 23:01, the Defendant taken a screen picture between approximately 51 seconds of a female victim’s body part, the body part, and the body part of the body part of the body part of the female victim, whose name was not known, and the body part of the body part of the body part of the body part of the female victim, whose name was not known, where the name was not known by the Defendant, whose body part was displayed in the Kamer function in Seocho-gu Seoul Seocho-gu, by using the phonephone.

2. On April 9, 2017, at around 23:09, the Defendant taken a video image of approximately 33 seconds of the body part of the victim’s h (n, 27 years of age) on the direction of the 2-3 platform for the distribution of new line G base of subway G located in Seocho-gu Seoul, Seocho-gu Seoul, by using the above honphone.

Accordingly, the defendant taken videos against his will that could cause sexual humiliation or shame by using devices similar to the camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of H and I;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs by reporting or capturing the results of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment.

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction on the facts of a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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, and the Defendant is obligated to submit personal information to the head of the competent police agency pursuant to Article 43 of the same

The defendant's age, occupation, risk of recidivism, and exemption from the disclosure order or notification order.