beta
(영문) 서울중앙지방법원 2013.07.12 2013고단3119

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who uses the “C” website, which is a specialized site of Makka photographs.

From August 2010, the Defendant took a photograph of 15 women’s body body body body parts, body parts, and clothes, etc., i.e., 15 in using 50D cameras, Cheongcheon, and Gangnam-do, from around 58 times to around 58.

The Defendant, including that, from around that time to April 201, taken pictures against their will that arouses a woman’s sexual humiliation or sense of shame, such as the list of crimes attached to the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.