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(영문) 서울동부지방법원 2015.11.19 2015고단2695
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 28, 2015, at around 13:00, the Defendant taken a photograph of the parts of the body of the Defendant’s smartphone camera using the Defendant’s smartphone camera to set up a ice cream together with the victim E (n, 24 years old) who is a workplace club in Gangdong-gu Seoul.

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. An analysis report;

1. Records of seizure and the list of seizure;

1. Text messages, photographs of CCTV images, and application of the Acts and subordinate statutes to caps and photographs;

1. Relevant provisions concerning facts constituting an offense, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (where the accused acknowledges the mistake of the accused, immediately after the case, the victim is subject to death and the withdrawal from the workplace, and the first offender is considered);

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. Where a conviction becomes final and conclusive on the facts stated in the judgment that constitutes a sex offense subject to registration, the defendant is a person subject to registration of personal information under 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 competent agency pursuant to Article 43 of the Criminal Procedure Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the personal information shall not be disclosed or notified.

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