logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.28 2017고단6046
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, against the latter's will, by using a camera or similar mechanism, or distribute, lease, provide, or openly exhibit or show the photographs thereof.

On August 19, 2017, at around 15:10, the Defendant: (a) taken screen pictures with a cell phone (S6) in which the part of the victim’s buckbucks located in Daegu Jung-gu, Daegu, in light of the victim E (n, 25 years of age) who sought goods within the 1st floor D store located in Daegu-gu, Daegu-gu, 2017.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone camera against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A report on the results of analysis of digital evidence;

1. Investigation report (limited to suspect's cell phone image and photographic data) - Application of the Acts and subordinate statutes on shooting records;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The exemption of the disclosure order or notification order is due to the age, occupation, risk of recidivism, the type, motive, process, disclosure order, or notification of the sexual crime of this case.

arrow