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(영문) 부산지방법원 동부지원 2014.12.23 2014고단1523
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No person shall take photographs of another person's body against his/her will, using a camera or other similar mechanism, which may cause sexual humiliation or sense of shame.

On August 3, 2014, at around 14:24, the Defendant: (a) taken a photograph of the victim D (at the age of 25) who was seated on the sandy galthy president, using a camera attached to Samsung C’s mobile phone, which is a pro-friendly C, in the white beach No. 7 near the portusa located in Busan Metropolitan City, for a galth of August 3, 2014; and (b) taken a bridge, a photograph of which the victim D (at the age of 25) was seated on the sandy president, and bridged.

The Defendant taken the body of the victim, which may cause sexual humiliation or shame, against the victim’s will, using the camera.

Summary of Evidence

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16(2) main text and Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order the disclosure and notification of personal information of the instant sexual crime and the severity of the crime, risk of recidivism, motive for and consequence of the crime, method and consequence of the crime, disclosure or notification order, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure or notification order on the degree of disadvantage and side effects of the Defendant’s entrance, preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, effect on the protection of the victim, etc., shall be comprehensively considered in light of the contents of the instant sexual crime, the disclosure and notification order of personal information of the Defendant pursuant to the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc.

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