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(영문) 서울중앙지방법원 2015.03.13 2014고단10021

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 14:00 on May 6, 2014, the Defendant taken a mobile phone image with the victim D’s cell phone string the body of his bath, while putting the victim’s her clothes off at his bath room, and then taken a photograph of the body of his cell string while she gets off and drums at his bath room.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of police seizure and list of seizure;

1. Recording notes and CDs;

1. Application of the Acts and subordinate statutes concerning separate cell phone pictures and victim photographs of the suspect;

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. 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) 1 of the Criminal Act to be confiscated;

1. If the conviction of a defendant against a sex crime subject to registration of personal information becomes final and conclusive, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act, taking into account the following factors: (a) the confession and mistake of the defendant's crime was committed; and (b) the defendant's age, occupation, character and conduct, family relationship; and (c) the circumstances before and after the crime was committed.

The defendant's age, occupation, risk of recidivism, and risk of disclosure or notification.