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(영문) 서울중앙지방법원 2015.10.23 2015고단4924
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 13, 2015, at around 20:55, the Defendant, in the restaurant toilets of “D” located in Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government, taken video images using an empty space between the victim’s bucks and walls, knowing that the victim E (n, 31 years of age) who was next partitionss and knee and knee are kneeed, and the Defendant was seated with a flus smartphone of the Defendant, where the Kamera shooting function is installed, with the Defendant’s Gaphone 6 flus of smartphone, where the bucks and bucks of the victim were installed.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the main factors of the determination of a fine by comprehensively taking into account all the conditions of sentencing on the basis of the main factors following the sentencing of Article 334(1) of the Provisional Payment Order: Initially recognizing errors in sentencing, and seriously reflects. In the process of a public trial, the victim is given KRW 3 million to the victim and the victim does not want to be punished against the Defendant. The main factors of negative consideration are to take pictures of smartphones on the floor of the female toilet column of the restaurant where he/she was working and the nature of the crime is confirmed to have been convicted of the crime in which he/she is obliged to register pleasure personal information and submit personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore, the Defendant is obligated to submit personal information

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