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(영문) 서울중앙지방법원 2015.09.11 2015고단4496
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 July 1, 2015, at around 18:46, the Defendant, as the bankruptcy of Gangnam-gu Seoul, taken a photograph of the victim’s gallon jus and the bridges by using the gallon jus, where the gallon jus-S4 smartphone shooting function is contained in the name of a female victim on the name of 1-2 subway 3 of subway lines 8 in the exit direction.

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. 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. Where there is no same record of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the conviction of the accused against the crime subject to registration of personal information is finalized, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same 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 and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order and notification order shall be issued to the Defendant.

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