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(영문) 전주지방법원 2013.11.19 2013고단2089
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Criminal facts

On August 31, 2013, from around 13:39 to 15:40, the Defendant taken videos against his will, using the arms and legs of the victim C (V, 27 years old), who was in the seat next to the bus terminal in the direction of the Gangnam-gu shuttle bus terminal, in order to take the image of the video against his will, on 17 occasions in total, within the speed of 13 times in order to ensure that the Defendant was in possession of the arms and legs of the victim C (V, 27 years old) who was in the seat next to the bus terminal located adjacent

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Written statements of D;

1. Police seizure records;

1. A criminal investigation report and photographs, videos CDs attached thereto;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the relevant Act on criminal facts and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. (Consideration favorable to the defendant, such as the selection of fines and the confessions, and the first offense resulting from contingent crimes);

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 judgment becomes final and conclusive to submit personal information under Article 334 (1) of the Criminal Procedure Act with regard to a provisional payment order, the defendant is 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 and is obligated to submit personal information to the head of the competent police office

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of registered information may not be made because the registration of personal information alone would have an effect to prevent recidivism of the defendant. Therefore, an order for disclosure or notification of registered information is not required.

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