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(영문) 서울중앙지방법원 2014.10.10 2014고단6289
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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Defendant shall be punished by a fine of KRW 2,500,000.

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 09:00 on May 27, 2014, the Defendant discovered that the victim B, who suffered a short flame, from the first floor of KGIT building 420 (the age of 23), withdraws money from the cash withdrawal machine, and taken a video image of the victim’s 4S cell phone in which the flame function was carried out after the victim’s hand, while the flame function was carried out, was stored between the victim’s bridge and the flame part of the victim’s flame.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. B written statements;

1. Investigation report (one bank, CCTV at a DM branch, and CCTV in the KG IT building, and search and investigation);

1. Application of the CCTV images and CD-related Acts and subordinate statutes to the closure of each CCTV video;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 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 under Article 334(1) of the Criminal Procedure Act is that the accused who wishes to punish the accused does not have the same criminal history, and the accused is against his/her wrongness, in cases where the conviction of the accused against the sex offense subject to registration of personal information becomes final and conclusive, 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 thus, the accused is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and risk of disclosure or notification.

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