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(영문) 서울중앙지방법원 2014.07.16 2014고단3258
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

At around 14:50 on April 29, 2014, the Defendant: (a) discovered a victim non-victim who was on board an escalator while taking part in the subway line located in the Dobong-gu Seoul, Jung-gu, Seoul; (b) discovered and followed the victim's shot female, and then taken the image of the victim's schema, leg, etc. with the cellular phone.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on photographs by cutting down a mobile phone or motion picture;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Penalty fine of 2,00,000 won to be suspended;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 59(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases Concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes to be submitted to a person subject to registration shall become a person subject to registration of personal information when a conviction on a sex offense in the judgment that is subject to registration becomes final and conclusive.

However, this court has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes when the suspension of sentence becomes invalidated in accordance with Article 61(1) of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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