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(영문) 서울중앙지방법원 2014.06.17 2014고단2441
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

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

On April 14, 2014, at around 08:43, the Defendant taken a screen image of the female bridges on the side by using the Kamera function of the VEG cell phone.

At around 09:00 on the same day, the Defendant continued to go up with Esplates located in DV 3 Line C Line in Jung-gu Seoul, Jung-gu, Seoul, and took photographs of women’s legs, spons, and spons, etc. in front of using VEG cell phone camera functions as mobile phones.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of investigation reports (investigation of moving pictures stored in seized articles), photographs, motion picture CDs-related Acts and subordinate statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof. (Selection of Fine)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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 becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 48(1) of the Confiscation Criminal 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, disclosure order or notification order of personal information disclosure order, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the age, occupation, risk of recidivism, method and consequence of the crime, and seriousness of the crime.

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