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(영문) 수원지방법원 안산지원 2017.01.06 2016고단4476

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

Criminal facts

On September 6, 2016, the Defendant discovered that the victim D (nive, 23 years of age) was trying to look at the victim D’s toilet located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the second floor “C” (nive, 23 years of age) around September 6, 2016. On the ground that the victim of the above toilet immediately entered the side side screen, and then installed a smartphone 4 smartphone in the gallon of the Defendant’s own gallon of his own gallon, and then the partitions installed between the Defendant’s own gallon of his own gallon where the victim entered, the Defendant taken the screen image of the victim by using the above smartphone to view the gallon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes usb to the restoration of video and photographic files;

1. Relevant legal provisions concerning facts constituting an offense, and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, selection of fines (such as: (a) the accused has been led to the same criminal conviction and one time; (b) the confession and reflect of the accused; (c) the fact that the accused has agreed with the victim;

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

1. Article 16 (2) and (3) 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction becomes final and conclusive on a sex offense subject to registration and submission of new information under Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the disclosure and notification of personal information shall not be made, taking into account family relationship, change of family status, etc.) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse, 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 thus, the