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(영문) 서울동부지방법원 2013.10.25 2013고단1676

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

On June 28, 2013, at around 14:55, the Defendant taken a photograph of Songpa-gu D, a female infant of 7-8 years of age, who was playing at the front of the E, using a cell phone (opon-5) in which he/she owned one son.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs, records of seizure and the list of seizure taken;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Where a judgment becomes final and conclusive, the defendant shall submit personal information to a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure of Personal Information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in the absence of a prior order, the fact that he/she is being treated as a military inmate with a superfication, family relationship, etc.), and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.