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(영문) 서울동부지방법원 2016.11.03 2016고단3027
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2016, at least 10:20, the Defendant taken pictures of the body of the victim against his/her will that could cause a sense of sexual shame by reporting the back habits of the victim B (aphone6), using smartphones (i.e., opphone6) with the function of Kamera function within the electric vehicle operated in the direction of Hanyang Station from the subway No. 206, the subway No. 206, a subway No. 206, on September 12, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to B (tentative name);

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is a sex offense subject to Article 48(1)1 of the Criminal Act, 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 the competent agency under Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the disclosure order or notification order of personal information shall not be issued to the Defendant, on the ground that there are special circumstances that the disclosure or notification of personal information may not be ordered.

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