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(영문) 대구지방법원 서부지원 2015.02.05 2014고단1828

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

No person shall photograph the body of another person against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.

Nevertheless, at around 23:40 on October 10, 2014, the Defendant, in the second floor of the building located in Daegu-gu B, Daegu-gu, taking advantage of the video image function of smartphones owned by the Defendant, who had the rear habits of the victim C(the age of 15) who was under cleaning through the bathing room of the above building 201.

Accordingly, the defendant taken the body that could cause sexual humiliation of the victim against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes.

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the person is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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

In light of the overall circumstances, such as the content of this case, the order to disclose or notify personal information, and the fact that the defendant has no same kind of power, it is determined that there is a special reason to not disclose or notify the personal information, and thus, the order to disclose or notify the personal information shall not be issued