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창원지방법원 2020.05.22 2020고정142

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 2019, the Defendant first known the victim C (the victim, the 24 years of age) through the “B,” which was a Habing Habing Francing Franc, and continued approximately 4 times to keep the victim and approximately 4 years of age. On September 25, 2019, the Defendant taken a photograph of the victim’s sexual organ by using his mobile phone at the Defendant’s residence located in the window D of Changwon-si, the Changwon-si, on September 25, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning C (tentative name);

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive as to the facts constituting a crime in which personal information is to be submitted under Article 334(1) of the Criminal Procedure Act, the Defendant constitutes 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 thus, is obligated to submit personal information to the competent agency

For the defendant's exemption from the disclosure order and notification order, personal information registration and sexual violence treatment program are expected to have the effect of preventing recidivism to a certain extent, and other matters such as the defendant's age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to the disclosure order or notification order, the effect of preventing sexual crimes subject to registration which can be achieved due to such order, and the effect of protecting the victim.