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(영문) 서울동부지방법원 2017.03.31 2016고단4292
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 10, 2016, at around 19:00, the Defendant taken pictures of the lower body parts, etc. of the victim C (V, 24 years old) who was sitting down in the front of the Defendant’s body, from the Incheon Integrated Terminal located in the Nam-gu Incheon Metropolitan City, to the Dong general terminal located in the river of Gwangjin-gu, Seoul.

In addition, the Defendant taken photographs against his will another person’s body, which might cause sexual humiliation or shame, using a camera over 37 times in total, as shown in the list of crimes, from the early July 2015 to the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of victims;

1. Photographs file CDs;

1. Application of the police seizure protocol statutes;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on each of the facts stated in the judgment that constitutes a sex offense subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the defendant 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

The Defendant exempted from the disclosure order and notification order shall comprehensively take into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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