(영문) 인천지방법원 2018.6.21. 선고 2018고단3400 판결

The seized LG G5 (Handphones) one (Handphones), one LG G5 (Handphones) h9R h9 (Evidence No. 2), one charging machine (Evidence No. 3), one boatper (Evidence No. 4), one boatper (Evidence No. 5), one cable (Evidence No. 6), one cable (Evidence No. 7), one deep in test color (Evidence No. 7) shall be confiscated.

To order the defendant to pay an amount equivalent to the above fine.

Reasons

Criminal History Office

피고인은 불특정 여성들의 치마 속을 동영상으로 촬영할 목적으로 천 재질의 가방 밑 부분에 카메라가 들어갈 수 있는 만큼의 공간을 실로 꿰매어 만들고 카메라 렌즈 크기의 구멍을 뚫어 그 안에 '액션캠'이라는 소형 카메라를 넣어 고정시킨 후 카메라의 화면과 피고인의 휴대전화기의 화면을 연동시켜 휴대전화기의 화면을 보면서 촬영할 수 있도록 하였다.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. On September 30, 2017, at around 13:41, the Defendant, along with the “C points” located in Yeonsu-gu Incheon Metropolitan City B, taken a screen picture of the victim’s body in the name in which the Defendant was boomed with the bags created as above, and used the camera in a household room, and boomed the boom of the victim’s body that could cause sexual humiliation or sense of shame by using the camera. Accordingly, the Defendant taken the victim’s body against the victim’s will.

B. On September 30, 2017, around 13:45, at the place indicated in paragraph (a) of Article 1, the Defendant took a video image of the victim’s secret flag, which was the victim’s name or the victim’s secret flag, citing the bags created by the Defendant and using the camera in the household.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using a camera against their will.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (carmers and photographs);

At around 15:40 on September 30, 2017, the Defendant tried to photograph the body of the victim under his name, i.e., the body of the victim, who might cause sexual humiliation or sense of shame by using a camera in the home page, and used the camera in the middle-gu Incheon City. However, the Defendant attempted to take the body of the victim against his will and attempted to take the body of the victim, which might cause sexual humiliation or sense of shame.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs using a camera), Articles 15 and 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of attempted taking photographs using a camera), the selection of each fine.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Exemption from an order for disclosure and notification;

In full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex (the fact that there is no same criminal record against the defendant; in this case, personal information registration alone appears to have an effect to prevent recidivism of the defendant; and other circumstances such as the defendant's age, occupation, home environment, social relationship, background of the crime in this case, benefits and preventive effects expected by the disclosure or notification order in this case, and disadvantages and side effects of the disclosure order in this case, it is determined that there is a special circumstance that the disclosure or notification of the defendant's personal information should not be made (see Supreme Court Decision 2011Do16863, Feb. 23, 2012).

Registration of Personal Information

Where the instant crime is found guilty, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of punishment: Fines of not less than 50,000 won but not more than 15 million won;

2. Determination of sentence 1): A fine of three million won;

The defendant taken a dynamic image of the victims. The crimes of this case committed by the defendant are the body of a woman who may cause sexual humiliation or sense of shame, and the nature of the crime is not good. However, all of the crimes of this case are recognized by the defendant, and the defendant is against the truth that the defendant does not have the same criminal records, and the defendant is likely to support his spouse and children without the same criminal records, and other circumstances, including the defendant's age, character and behavior, character and environment, motive, means and consequence of the crime, etc., which are the conditions for the punishment specified in the arguments of this case, shall be determined as the order.

Judges

Awards and decorations by judges

Note tin

1) The offense of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Camera”) shall not be subject to the sentencing guidelines since the sentencing guidelines are not set.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

-성폭력범죄의 처벌 등에 관한 특례법 제14조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제15조

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제47조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제49조 제1항