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(영문) 수원지방법원 안양지원 2016.05.20 2015고단1567

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 May 25, 2015, the Defendant taken a photograph of the victim E (son, 59 years old) of the Defendant’s friendly arrest victim E (son, 59 years old) who sits in a body on his/her face at the seat of the D hotel public bath room located in Dondo C, 17:00, using the mobile phone camera function, and transmitted the photograph so taken to the friendly F mobile phone at that time.

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, against his will, using a camera, and distributed the taken objects.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to photographs of victims taken by the victim;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the former part of Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to taking photographs using a camera), the latter part of Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to distributing photographs), and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where the conviction of the Defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information of 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 pursuant to Article 43 of the above Act.

However, there is no criminal record of the same kind, and only the registration of personal information can prevent recidivism to a certain extent.

In light of the fact that there is a special reason not to disclose personal information.

Since it is determined, it does not issue an order to notify the disclosure of registered information 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.

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