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(영문) 수원지방법원 성남지원 2015.01.28 2014고단2969

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 06:59 on April 19, 2014, the Defendant taken the body of the victims in a total of five times from that time to April 19, 2014 by the following methods: (a) the Defendant taken the body of each of the victims in total, as described in the list of crimes in the attached Table of crimes, in a total of five times, as shown in the list of crimes committed in the attached Table, where the Defendant was proceeding through the shot lines of powder trains in Young-gu, Suwon-si, Suwon-si, 687-4.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame by using the mobile phone camera shooting function against the victims' will.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (digital evidence analysis data);

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

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

1. Where a conviction on the criminal facts indicated in the judgment against the defendant who has registered personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., where there are special circumstances under which personal information shall not be disclosed pursuant to the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.