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(영문) 서울중앙지방법원 2014.02.05 2013고단3143
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

On May 24, 2013, at around 18:07, the Defendant taken a photograph of the body part of the Defendant’s cell phone 4, which was located in the subway No. 4 in the subway No. 64-ro 1, Jung-gu, Seoul, and the Defendant’s cell phone 64, in white bucks and black short chucks. The Defendant taken a photo of the Defendant’s cellphone No. 4 in the lower part of the victim’s name unexpucked, such as the victim’s bucks.

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. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs (the articles of seizure and photographic image output materials);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (Amended by Act No. 11556, Dec. 28, 2012);

1. Selection of an alternative fine for punishment;

1. Articles 70 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify personal information, the sentence on the grounds of sentencing shall be limited to a fine for sentencing, in full view of the Defendant’s age, status, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the consequence and the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify the personal information, the preventive effect and effect of a sexual crime subject to registration that may be achieved thereby, and the protection effect of the victim, etc., and thus, there are special circumstances where the disclosure or notification of personal information should not be disclosed or notified. Thus, the Defendant does not issue an order to disclose or notify the personal information.

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