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(영문) 춘천지방법원 2014.04.08 2013고단1218

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 3, 2013, at around 22:25, the Defendant taken a bridge of the victim C (n, 22 years of age) located there using a camera installed in a gallon juscoptho 3 mobile phones (S/N : R33C70DYM) owned by the Defendant in the subway station in the direction of 311325, which is operated by Jongno-gu Seoul Jongnoro 3 from the subway station in the direction of 5 to the end of 5.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes governing suspect mobile phones;

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

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. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, 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 a related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence, and seriousness of the crime of this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such 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., the disclosure order or notification order shall not be issued to the Defendant in accordance with the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.