logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.03 2017고단5955
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

On July 6, 201, at around 14:01, the Defendant taken a screen picture with approximately three minutes of 2 minutes of the female victim’s pathro, clothes, and buckbucks, where it is impossible to find out the name of the Defendant, using the gallon function listed in A7 smartphones, which was located in the galthro of 160 subway E Station No. 160, Seoul Mapo-gu, for the galth of 201.

Accordingly, the defendant taken videos against his will, using devices similar to the camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to photograph by cutting down a course;

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

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

1. The main sentences of Article 16 (2) and (3) 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. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure 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 the head of the competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, the effect of the protection of victims, etc., there are special circumstances under which the disclosure of personal information may not be disclosed.

Therefore, it is determined.

arrow