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(영문) 인천지방법원 2013.08.28 2013고단3893

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who works as a “C” clinic on the site B, which is a specialized site of Madcar photographs.

From April 15, 2010 to May 2012, the Defendant taken the body, such as the body body, etc. of the women who suffered a short sum of 7 cell phone cameras over about 16 times, using his cell phone cameras, from the fluorite station, hot water zone, fluor station, Bupyeong station, etc., against their will, which might cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to photographic materials and investigation reports (verification, such as the time of photographing knives, etc.) taken by the suspect on the website;

1. Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and selection of fines concerning criminal facts

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.