beta
(영문) 서울서부지방법원 2016.01.28 2015고단2565

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 20, 2015, around 11:30 on September 20, 2015, the Defendant taken a video image against the female’s will, following the Victim F (n, 30 years of age) who was placed ahead of the subway E E Sclas in Seoul Jung-gu, Seoul, which could cause sexual humiliation or shame by using the cellphone 5S smartphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to investigation reports (related to the attachment of screen pictures taken by the person under investigation);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc., and

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention of sexual assault crimes that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Therefore, the defendant is judged.