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(영문) 수원지방법원 안산지원 2017.01.13 2016고단4885

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 21, 2016, the Defendant, at Ansan-si, B 405, took a visual image of the victim C (the 19 years of age) who was under influence of alcohol and was locked, using the cell phone of the Defendant, who was in a camera, in his/her house, at the time of Ansan-si, B 405.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 and Selection of a fine (not yet until now the damage has not been recovered, but the confession and reflect of the defendant, and the fact that the defendant is the first offender, etc.);

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction on a sex offense subject to registration and submission of personal information becomes final and conclusive, the Defendant becomes 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 subject to Exemption from Disclosure and Notification of Personal Information, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the disclosure and notification of personal information shall not be made, taking into account the initial crime, family relations, and outlines) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse.