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(영문) 서울남부지방법원 2016.01.27 2015고단5079
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 14, 2015, around 23:40, the Defendant discovered the victim E (n.e., 18 years of age) who was going up with the stairs from subway D No. 4 in subway stations No. 23:40, May 14, 2015; discovered the victim’s stairs following the victim; taken the part of the part of the victim’s body part using the Defendant’s cell phone camera function from April 10, 2015 to May 14, 2015 using the above camera function as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant taken the body of another person who caused sexual humiliation or shame by using the mobile phone camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in F, G, E, and H;

1. Seizure records;

1. Photographs of the scene of crime;

1. Mobile phone photographs;

1. Application of the statutes on photographing screen pictures stored in the victim's mobile phone;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Although there are many kinds of reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into account the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant has no record of punishment in the Republic of Korea; and (c) the Defendant’s age, sex behavior, environment, etc.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, 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.

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