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(영문) 인천지방법원 부천지원 2019.07.17 2019고단856

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

No person shall photograph the body of a person who may cause a sexual humiliation or sense of shame, against the will of the person to be taken, by using a camera or other similar mechanism.

On January 3, 2019, around 23:32, the Defendant, at the bus stops located in Seocheon-si C, was aware of the fact that the Defendant was suffering from shorter flags, and used the Defendant’s mobile phone photographic photographic function, taken once a part of the part of the victim’s flag in front of the victim E (name, leisure, age 21).

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F and E (tentative name);

1. The police seizure record and the list of seizure;

1. Application of the CCTV-related Acts and subordinate statutes to photograph witnesses;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. In full view of the following circumstances: Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, social ties, risk of repeating a crime; benefits and preventive effects expected from an order to disclose or notify registered information to the Defendant; and disadvantages and side effects

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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

1. The order of provisional payment;