logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.12.27 2013고단1980
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

At around 07:50 on October 22, 2012, the Defendant taken a bridge that may cause a sense of shame of the victim’s name or unbrupted, using smartphones with a camera function, against the Defendant’s will.

From that time, from May 23, 2013 to May 20:02, the Defendant taken pictures of the same method 98 times in total, as shown in the list of crimes in attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes in the course of photograph (in the site of CCTVs, subways, etc.), records of seizure, list of seizure, results of evidence analysis;

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

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 before order to complete program;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a judgment becomes final and conclusive to submit personal information to 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 Exempted from Disclosure of Personal Information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no criminal record exists, 18-19 years old at the time of committing the crime, and 19 years old considering family relations, etc.), the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

arrow