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(영문) 서울중앙지방법원 2017.07.04 2017고정1401

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On March 6, 2017, at around 14:52, the Defendant taken a photograph of the lower body part of the Defendant’s front, such as the bridge, her string, and her knife, with the continuous photograph of “D” installed on the Defendant’s opon 6 smartphones, from the subway C No. 11 located in Gangnam-gu Seoul, Seoul, by taking advantage of the continuous shooting function of the Defendant’s opon 6 smartphone.

Accordingly, the defendant taken photographs against his will, using devices similar to the camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seized articles and photographs of the police;

1. A letter of arrest of a flagrant offender;

1. Application of each police investigation reporting statute;

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. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (in light of the principle of prohibition against disadvantageous changes, etc., considering special circumstances in which no order to complete program may be newly imposed, etc.);

1. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against whom the obligation to file a provisional payment order is finalized, the accused 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act

The age, occupation, risk of recidivism, details and background of the crime, method and seriousness of the crime, record of the crime, disclosure order or notification order of the defendant exempted from the disclosure order, the degree of disadvantage and anticipated side effects of the defendant's suffering.