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(영문) 수원지방법원 평택지원 2017.01.19 2016고단1964

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

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

Reasons

Punishment of the crime

On August 1, 2016, the Defendant: (a) taken a visual image of the victim’s fluor, who was not aware of his name on the front line using S5 smartphones, at the gallon of the subway C No. 1 located in Pyeongtaek-si (S5) around 16:45 on August 1, 2016, when the Defendant was in possession of the Defendant.

Accordingly, the defendant taken the body of victims who could cause sexual humiliation by using smartphones, which are devices similar to the camera, against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report ( Opinions on the attachment of images of this case, CDs and caps and photographs);

1. Application of Acts and subordinate statutes on seizure records;

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 on the Crime.

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

1. If a conviction on a sex crime subject to registration 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act, since the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, on the ground that he/she is a person subject to registration of a sex crime subject to obligation to submit such information, in accordance with Article 43 of the same Act.

When considering the Defendant’s age, occupation, risk of recidivism, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc., in a comprehensive manner.