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(영문) 광주지방법원 2016.05.25 2016고단665
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 19, 2015, at around 13:00, the Defendant: (a) 102 of the Seo-gu Seoul Special Metropolitan City, the sound of shower in the 102 stud toilet room room room room room room room room room room room room room room room room room room room room room room room, and (b) taken the body part of the victim C (n, 21 years old) who was under the clothes after showering the cell camera, and then she took the body part of the victim C (n, e.g., the 21 year old).

Accordingly, the defendant taken a photograph of another person's body that could cause sexual humiliation against his will.

Summary of Evidence

1. Statement by the police concerning Defendant C’s legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the verification of a black box that has been parked around the spot), investigation report (referring to the comparison of black stay images and suspects);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, no order shall be issued to disclose or notify the defendant.

The reasons for sentencing are as follows.

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