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(영문) 의정부지방법원 고양지원 2021.02.18 2020고정909

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 20, 2020, at around 21:50 on August 20, 2020, the Defendant taken pictures against the injured party’s will, using the carmeras in front of the bus stops in Eunpyeong-gu Seoul, with a flag, wearing a flaging fluoring lag on flab, and following the victim C (a flag, flag, 25 years of age) who followed the victim C (a flag, flag, b5 years of age) who could cause sexual humiliation or sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of the reporting Acts and subordinate statutes as a result of analysis of digital evidence of seizure records and 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) 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. There is a special circumstance in which the disclosure or notification of personal information of the defendant should not be made by comprehensively taking into account the defendant's age, occupation, risk of recidivism, type, motive, process of crime, disclosure or notification of the crime of this case, anticipated side effects and side effects of the sex offense subject to registration that can be achieved, prevention of the sex offense subject to registration, effects of the protection of victims, etc., and other relevant factors.

[Determination]

1. The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the age, family environment, and social ties of the defendant, records of the crime, the details and motive of the crime, and the method and consequence of the crime;