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(영문) 서울동부지방법원 2017.11.03 2017고단2670

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

1. On June 22, 2017, around 17:37-17:38, the Defendant: (a) recorded smartphones located in the part of the victim’s name in the E-store located in Gwangjin-gu Seoul Special Metropolitan City, into the lower part of the body of the said victim; and (b) recorded the part of the victim’s body.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. On June 22, 2017, at around 17:50, the Defendant: (a) recorded smartphones located in the back of the victim F (names and inns) who sought things in E stores located in Gwangjin-gu Seoul Special Metropolitan City, into the lower part of the victim F (names and inns; and (b) taken the part of the part of the victim.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Data on video recording of electronic CCTV;

1. Application of the police seizure protocol statutes;

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

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The fact that a juvenile protective disposition was issued due to the same type of crime for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the fact that the victim has agreed with one of the victims, the fact that it is against the defendant's age and environment, and other various sentencing conditions such as the defendant's age and environment. In a case where a conviction becomes final and conclusive for a sex offense subject to registration and submission of personal information, 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 thus, the defendant is a person subject to registration of personal information under Article 43