성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Punishment of the crime
피고인은 2013. 7. 15. 09:05경 서울 영등포구 여의도동 35번지 지하철 5호선 여의도역 3호기 상행선 에스컬레이터에서, 바로 앞에 짧은 치마를 입은 피해자 B(여, 31세)를 보고 치마 속을 촬영할 것을 마음먹고 피해자 뒤에 밀착하여 치마 안으로 카메라 기능을 켠 휴대폰을 밀어 넣고 다리 등 치마 속을 약 5초간 촬영하는 등 성적 수치심을 유발할 수 있는 타인의 신체를 그 의사에 반하여 촬영하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Application of B’s written laws and regulations;
1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;
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. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order do not have any record of punishment, and the confession of the instant crime, and the details, means, methods, and results of the instant crime shall be determined as the same as the order.
Where this judgment becomes final and conclusive, the accused is 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 and is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same
An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.
It is so decided as per Disposition for the above reasons.