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Reasons
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(영문) 서울동부지방법원 2015.11.12 2015고단2459
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 1, 2015, the Defendant taken a video image of the body and the leg part of a female victim who was on a cell phone from 5:0 subway No. 5:00 to 5:0,000, a subway No. 5, located under Gangdong-gu Seoul, Gangdong-gu, Seoul.

2. On May 2015, the Defendant, from the stairs of the 1st underground floor C Game room in Gangdong-gu Seoul Metropolitan Government, taken a dynamic image against his/her will, on which it is impossible to identify the name of the victim in the same manner as that of the above paragraph (1).

3. On May 25, 2015, at around 18:30 on May 25, 2015, the Defendant taken visual images of the body and the leg part of a female victim with whom it is impossible to find out his/her cell phone name from the exit area No. 5 of the said subway No. 5 to find out his/her cell phone name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the analysis of digital evidence;

1. Records of seizure and the list of seizure;

1. Application of photographs and Acts and subordinate statutes governing crimes;

1. Relevant legal provisions concerning criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., and the selection of fines (the punishment shall be determined in consideration of the fact that the accused is the initial offender and the accused is recognized by adding up the frequency of crimes and the photograph taken

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Where a conviction becomes final and conclusive on the facts stated in the judgment that constitutes a sex offense subject to registration, the defendant 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 such person shall submit personal information to the competent agency pursuant to Article 43 of the same Act.

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