beta
(영문) 서울남부지방법원 2018.12.26 2018고단5070

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 24, 2018, the Defendant, within the train that is proceeding in the direction of south-ro path from the 18:36 bordering station, the Defendant, using the car camera function inside the LG G3 ( Model LG-F400L), owned by the Defendant, taken the chest side of the victim (nive, flus), seated in the subway seat, 32 seconds, and continued to take the 40 seconds of the dynamic image.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of the statutes on mobile phone pictures of the seized suspect;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which constitutes a sex offense subject to registration, 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information.