logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.04.10 2019고단6549
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 2019, the Defendant taken a photograph of the victim's sloping photo from the victim's sloping leg, where he/she was seated with a neck, using a cellular camera function of the cellular phone.

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. Each protocol of seizure;

1. Application of a statute to an investigation report (as to the photographs additionally recognized);

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

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

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

1. Article 48 (1) 2 and (3) of the Lost Criminal Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, or an order of employment restriction, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in light of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, order of disclosure, order of disclosure, notification and employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage caused by such order, the prevention of sexual crimes subject to registration which may be achieved, and the effect of protecting the victims thereof, it is deemed that there are special circumstances in which the disclosure and notification of

1. Where a conviction becomes final and conclusive on the criminal facts stated in Article 334(1) of the Criminal Procedure Act, which should be registered and submitted, of the provisional payment order.

arrow