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(영문) 수원지방법원 2013.10.24 2013고단4708

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 5, 2013, at around 22:45, the Defendant: (a) was placed on the front side of the female toilet column of the first floor of the Young-gu building B, Suwon-si, Suwon-si, and he was able to hold his body toward the side side side cream by using the gaps filled behind the partitions, and (b) took the jum of the victim C (the 22 years of age) who was seated with his cell phone located inside the Kameras, where the Kameras is located.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (the result of a response to the restoration of Handphone images);

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is 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 is obliged to submit personal information

In light of the defendant's age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the protection effect of the victim, etc., there are special circumstances that may not disclose and notify personal information in accordance with Articles 47 (1) and 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.