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(영문) 서울북부지방법원 2016.07.14 2014고단4592

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

1. On July 23, 2014, around 04:00 to 05:00, the Defendant taken photographs of the victim FF (M, 37 years of age) who was a former female-friendly room located in D Ecom 2 sub-story located in Seoul Jung-gu, Seoul, with the face-to-face her cell phone camera, in which he/she took care of the victim’s cell phone camera.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. Around July 23, 2014, the Defendant sent the victim’s photograph taken from the above-mentioned victim’s body to the cell phone of the victim’s male-friendly G where the victim was made.

As a result, the Defendant provided another person with photographs taken against his will, using a camera or other similar mechanism, which could cause sexual humiliation or shame.

Summary of Evidence

1. Partial statement of the defendant;

1. To state part of the witness F in the third public trial record;

1. Partial statement of witness G;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship; (c) the risk of repeating a crime; (d) profits and preventive effects expected by the disclosure order and notification order of this case; and (e) disadvantages and side effects therefrom.