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(영문) 인천지방법원 2013.11.13 2013고단5262

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 shall be one day.

Reasons

Punishment of the crime

On June 22, 2013, at around 12:40, the Defendant taken up twice the victim’s name unclaimed bucks that he was seated next to the Defendant’s cell phone camera, using the Defendant’s cell phone camera in large-speed bus, which was located next to the Defendant, around 510, Nam-gu, Incheon.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes requesting the analysis of digital evidence, two copies of the records of seizure, the list of seizure, the photographs stored in the suspect mobile phone;

1. The determination of fines under Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and the selection of fines (the amount of fines shall be determined in consideration of the fact that there are two

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. Where a judgment to submit personal information under Article 48 (1) 1 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 the head of the competent police office pursuant to Article 43

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.