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(영문) 인천지방법원 부천지원 2014.01.22 2013고단3366
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 1, 2013, the Defendant, around 19:43, took visual images of the victim C (n, 27 years old) using the smartphone camera in the front line, where the Defendant used the subway 5 lines located in Yangcheon-gu Seoul Metropolitan Government 405, the subway 405.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to Part I of mobile analysis, return, and photographic data;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction becomes final and conclusive on the crime subject to the registration of personal information under Article 334 (1) of the Criminal Procedure Act, the accused is 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 the same Act;

In light of the motive and background of the instant crime exempted from disclosure and notification order, severity of the crime, age, occupation, disclosure and notification order of the Defendant, the degree of disadvantage to the Defendant and the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection of the victims, etc., in light of the overall consideration of the aforementioned factors, there are special circumstances where the disclosure and notification of personal information shall not be disclosed or notified. Thus, no order to disclose or notify the Defendant shall be issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(

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