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(영문) 서울중앙지방법원 2015.08.21 2015고단3595
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, at around 16:40 on June 8, 2015, the Defendant taken a picture of approximately 56 seconds of a woman whose name was unable to be known, using the recording function of smartphone 1, which is the Defendant’s possession, in the subway line Seoul Central Station Transfer Escopic 426, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. Articles 70 (1) 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. The reason for sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has taken the body of the victim, and that the degree of damage is not less than that of the victim, the defendant has a duty to submit personal information to a related agency pursuant to Article 43 of the same Act, in a case where the judgment of conviction against the defendant on the criminal facts that constitute a sex offense subject to registration of personal information is finalized, taking into account the defendant's age, occupation, character, family relation, social relationship, circumstances before and after the crime, etc., such as the defendant's age, occupation, personality, family relation, social relationship, and circumstances before and after the crime, etc.

The defendant enters the military court due to the age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of crime, disclosure order or notification order.

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