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(영문) 수원지방법원 2017.04.13 2016고단7117

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 20, 2016, at around 08:09, the Defendant taken pictures of the body of the above victim, who suffered a fata using screen pictures of the camera installed in the cell phone in which the Defendant was in possession of the Defendant, after the victim’s name using his/her place in E Station E, U.S. located in Suwon-si, Suwon-si.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Attachment to the screen pictures of seized articles and motion pictures of crimes), investigation report (Attachment to screen pictures of the suspension of crimes);

1. Application of the statutes on seizure records and the list of seizure lists;

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

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

1. The main sentence of Article 16 (2) and Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. When a conviction on the instant criminal facts subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the Defendant becomes a person subject to registration of personal information under the main sentence 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 same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, degree of disadvantage and side effect of the Defendant’s suffering due to an disclosure order or notification order, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.