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(영문) 수원지방법원 안산지원 2018.07.11 2018고단1013

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 27, 2017, around 17:15, the Defendant, using a portable phone with the function of the camera in front of the convenience store C in C, which was exposed to C, taken a video image of the body of the victim, which could cause a sense of sexual humiliation, by inserting the bridge between the victim D (n, 14 years of age), against his/her will.

2. On September 19, 2017, the Defendant, using a portable phone with a function inside the camera at the F store located in Silung-si E in Silung-si, took a photograph of the part of the victim of the fire against his/her will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the G production;

1. Investigation report (verification of on-site CCTV);

1. Application of this Act to the output of photographs related to the facts charged 2

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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, and is obligated to provide personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, family relation, risk of repeating a crime, details and motive of the crime, method 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 preventive effect and effect of the sexual crime subject to registration that may be achieved, and the protection effect of the victim, etc., the Defendant shall not disclose personal information.