logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.09.19 2014고단4830
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From November 2013, the Defendant was in a state of conflict between the victim B (n, 26 years of age) who was dead as a pet and the Defendant’s house attachment, etc., and was requested by the victim to make a decision. From December 27, 2013 to 28:00 on December 27, 2013, at the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government, the victim operated a camera installed in his computer between the toilets, and the victim took a dynamic image of the Defendant by putting off his clothes.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. The application of the Kakao Stockholm messages (sexually related photographic transmission of photographs);

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information to a competent agency pursuant to 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, 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 the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the special circumstances under which the personal information may not be disclosed or notified.

arrow