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(영문) 수원지방법원 안산지원 2014.11.21 2014고단2612

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Criminal facts

On September 5, 2014, around 20:45, the Defendant, at the time of the panty of the “C” located in the member state B of Ansan-si, Ansan-si, the Defendant: (a) reported that the victim D (hereinafter referred to as “C”), fluences, fluences, and was fluences of the victim by using smartphones with the inside of the Defendant’s camera functions.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

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 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. The proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure or notification of personal information shall not be made in consideration of the initial offender, family relationship, outline, etc.);

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is a case where the defendant photographs the body part that may cause sexual humiliation or shame without the consent of the female victim who is an employee, and thus, does not recover from damage to the victim, etc., the defendant's perception of the crime of this case reflects his mistake in depth, and the defendant reflects his mistake in light of favorable circumstances such as the primary offender and all the sentencing conditions shown in the trial of this case.

Where a conviction becomes final and conclusive on a criminal fact that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment,