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(영문) 서울남부지방법원 2016.01.22 2015고단4980

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 2, 2015, around 19:25, at the subway station located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant taken a visual image of the Defendant, using the Defendant’s LG-G prop2 mobile phone camera function, and using the Defendant’s LG-G prop2 mobile phone camera function in front of the Defendant.

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using the camera function of the mobile phone against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of the Acts and subordinate statutes concerning seized articles photographs, caps and video CDs;

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects that the Defendant may suffer due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., there are special circumstances in which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Since it is judged, it is not ordered to disclose or notify the defendant.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.