logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.10.30 2015고단3471
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

1. On June 19, 2015, around 14:30 on June 14:30, 2015, the Defendant attempted to take the victim’s urine images using the aforementioned mobile phone camera recording function, while the Defendant attempted to take the victim’s urine images from the fourth female toilets of the CAF located in Yeongdeungpo-gu Seoul Metropolitan Government, at the time of reporting the urine of the victim’s name.

2. On June 21, 2015, at around 11:50, the Defendant taken a photograph of another person’s body against his will, which might cause a sense of shame by taking advantage of the victim’s visual recording function of the aforementioned mobile phone camera, where the victim D (Takings and 17 years of age) reported urines, the Defendant’s cell phone prepared in front of the victim’s mobile phone in the side partitions was cut off.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A E-document;

1. Police seizure records;

1. Photographs, reports on analysis of digital evidence, CDs;

1. Application of Acts and subordinate statutes to investigation reports (related to results of digital evidence analysis);

1. Relevant Article on criminal facts, Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (a crime committed through taking photographs, such as a camera), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime committed through taking photographs, such as a camera), and the

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

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. The Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order under Article 334(1) of the Criminal Procedure Act, the degree of disadvantage and anticipated side effects of the Defendant, resulting from the disclosure order or notification order.

arrow