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(영문) 서울서부지방법원 2013.10.23 2013고단1642
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 23:30 on May 14, 2013, the Defendant: (a) boarded the train with subway 6 subway lines; and (b) around the time that the train moved into the Seoul Mapo-gu Joint-dong, Mapo-gu, Seoul, the Defendant taken a picture of the Defendant’s galle-ray smartphones with the Defendant’s galle-ray smartphones, in which the victim C (the age 28) who was seated in the Defendant’s seat was short of the age of 28) and the bucks and the galle-ray of the female were revealed

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using smartphone cameras against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Written statements of D;

1. The application of the Acts and subordinate statutes of shooting photographs, investigative reports and investigative reports;

1. Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) applicable to the relevant criminal facts;

1. Where a judgment on the registration of personal information under Articles 70 and 69(2) of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of re-offending) on the defendant's military force.

The defendant's judgment of conviction and the reasons for the sentencing stated that he had taken a stop using smartphones while denying the facts charged. However, according to the evidence, such as the contents of witness's statement, the method of operation of smartphone's camera functions, and the video pictures taken by the defendant, the defendant's intent can be sufficiently recognized.

The circumstances leading to the crime of this case, the body of the defendant taken the victim.

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