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(영문) 서울중앙지방법원 2014.05.02 2014고단424
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. At around 09:00 on August 27, 2013, the Defendant taken the victim’s body against his will that could cause sexual humiliation or sense of shame by putting a small-sized camera in the shape of an annual club, which was held in advance, under the body of the victim E (the age of 23) who is a staff member of the workplace, by taking a video recording of the victim’s clothes, parts of the buckbucks, etc.

2. At around 10:00 on August 27, 2013, the Defendant taken a photograph of the victim’s body against the victim’s will, by inserting a small-sized camera in the shape of an annual pen, which was previously possessed, under the body of the victim F (n, 29 years of age) who is a shop guard, and photographing the victim’s bridge, etc., which might cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (limited to a full-time camera picture-recording materials, and CD attachment);

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

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

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 on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to Article 48(1)1 of the 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43

The age, occupation, risk of recidivism, motive of the crime of this case, method and seriousness of the crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order of personal information.

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