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(영문) 부산지방법원 2013.09.25 2013고단4306

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The defendant shall be punished by a fine of 800,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

On June 22, 2013, at around 21:30, the Defendant taken the physical part of the victim, such as a bridge, etc. in his own smartphone camera, which could cause a sense of shame of the victim F (the age of 21, the age of n, the age of n, the age of n) using his own smartphone camera.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

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. Selection of a selective fine for punishment (including reflectivity, non-influence of a victim, and no record of criminal punishment);

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. Where a judgment becomes final and conclusive on 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 pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit his/her personal information to the head of a competent police office pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order