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(영문) 서울서부지방법원 2015.12.10 2015고단2100

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On June 25, 2015, around 7:17, the Defendant taken a photograph of another person’s body against his will that may cause sexual humiliation or shame by exposing his cell phone on the 160 bridge of the victim C (29 years of age, female) by exposing his cell phone on the leg of the victim C (29 years of age, female) in Mapo-gu, Mapo-gu, Seoul.

From August 2014 to June 25, 2015, the Defendant taken pictures against his will that could cause sexual humiliation or humiliation by the same method four times, such as the list of crimes in the attached Table, from around the middle of August 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph and a dynamic image closure screen;

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

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

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) of the Criminal Act of confiscation;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 a related

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victim, etc. shall be comprehensively taken into account.