beta
(영문) 서울중앙지방법원 2013.06.28 2013고단2963

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On May 9, 2013, at around 23:00, the Defendant taken a photograph of a part of a woman’s body against his/her will, using a cell phone with a camera device installed in a female toilet at “C” of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, against which it is impossible to identify the name of a woman who reported urine through the above space of a male toilet connected with female toilets.

2. On May 9, 2013, the Defendant taken a photograph of a part of a woman’s body against his/her will, at the same place, where it is impossible to find out the name of the woman who reported the defense in the same manner as above.

3. On May 9, 2013, at the same place on May 23:27, 2013, the Defendant taken part of the body parts of the victim D (if known, 30 years of age) who reported the defense in the same manner, against the will of the female.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes by capturing the video;

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

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of a defendant against a sex crime subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal 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 age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.