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(영문) 수원지방법원 2018.05.24 2018고단1295

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On December 28, 2017, the Defendant: (a) taken a visual image image of the victim C (W, 19 years of age, Ga) using the Defendant’s Samsung Galtho function as a camera of smartphone A7 (SM-G6200S) when the Defendant’s Samsung Galthythy of Samsung Galthon (M-G6200) around 22:46, 2017.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. The application of Acts and subordinate statutes on response to digital evidence analysis results, investigation reports (digital sirens on suspect smartphones);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against the duty to submit such 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and 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 of the sexual crime, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.