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(영문) 서울서부지방법원 2013.10.28 2013고정2220
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No photographing the body of another person, which may cause sexual humiliation or sense of shame by using a camera, shall be taken against the latter's will.

Nevertheless, around 00 00:30 on May 17, 2013, the Defendant was going along with Empic 6 subway line No. 7 in Mapo-gu Seoul, Mapo-gu, Seoul, and was exposed to video images for about one minute of digital camera-ro, one minute of which the victim’s path, whose name was above, could not be known.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the investigation report (11 pages of investigation records);

1. Article 13 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes and Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) applicable to the crime;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the obligation to submit personal information under Articles 70 and 69(2) of the Criminal Act, the Defendant is a person subject to registration of personal information pursuant to Articles 4(1) and 42(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012), and is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 43 of the same Act.

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