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(영문) 수원지방법원 성남지원 2014.09.17 2014고단1832

성폭력범죄의처벌및피해자보호등에관한법률위반(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 May 31, 2014, at around 23:20, the Defendant taken photographs against his will using her cell phone camera function in the part of the victim B (n, 22 years of age) who waits for a bus by suffering a short fat in front of the bus terminal in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul.

Accordingly, the defendant taken the body part of the victim who could cause sexual acceptance review against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

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

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. Since the defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act was convicted of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if this judgment becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to 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, and thus, such order shall not be sentenced.