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(영문) 서울중앙지방법원 2015.10.23 2015고단5151
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 17, 2015, at around 10:50, the Defendant, on August 17, 2015, accessed the name-free female victims, who was on the 59 subway lines 3 subway lines 59 subway lines 3 of Jongno-gu, Jongno-gu, Seoul, by approaching the name-free female victims who was on board an escalator for transfer, and then taken the buckbucks of the victim’s bucks, embucks, embucks, etc. using smartphones.

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 photographs and photographs of the defendant;

1. Application of police seizure records, and statutes on the 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. If the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order reflects his/her mistake and does not repeat again, the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act, in case where the conviction against the defendant becomes final and conclusive in regard to the criminal facts of which the defendant is a sex offense subject to registration of personal information, taking into account all the factors of sentencing as shown in the oral argument, such as the defendant's age, occupation, character and conduct, family relationship, the motive and manner of the crime of this case, and the attitude of the defendant after the crime, etc.

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order, and the expected side effects.

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