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(영문) 서울중앙지방법원 2014.04.18 2014고단1154
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, on February 8, 2014, at around 08:25, the Defendant: (a) moved from the subway line 1 to 2 lines of subway line 127, a subway line 127, the Seomun-gu Seoul, Jung-gu, Seoul, to the front line; (b) taken a video image under the center of the victim’s balthma using Samsung Gggal ju City mobile phone camera, where the Defendant was found to have been 31 years old.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to a report on investigation (the state of the arrival of the victim and the closure of cell phone images);

1. Relevant provisions of the Act on Criminal Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 48(1) of the Confiscation Criminal Act, the accused 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, it is determined that there are special circumstances that the disclosure of personal information should not be disclosed or notified.

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