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(영문) 인천지방법원 2014.11.19 2014고단7140

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 6, 2014, at around 18:30, the Defendant discovered a name-free woman who was short of the 117-21 new rupture transfer stairs in Guro-gu Seoul, Guro-gu, and found out a mobile phone possessed by the Defendant following the female, and taken a photograph of another person’s body, which may cause a sense of sexual humiliation, by taking a part of a woman’s body by using a mobile phone image recording function, by taking the cell phone in his/her own body.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Compilation photographs of video images);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 (1) 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) of the Criminal Act of confiscation;

1. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive in regard to the criminal facts subject to registration as stated in 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

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the Defendant’s disadvantage and expected side effects, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall be determined that there are special circumstances under which personal information shall not be disclosed or notified pursuant to 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.