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(영문) 서울북부지방법원 2018.05.31 2018고정294

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 27, 2017, at around 22:00, the Defendant entered the “D” drinking house of male and female in Seongbuk-gu Seoul, into the male partitions in order to see the urine, and had the Defendant’s mobile phone lurbine part of the instant mobile phone lurine toward the victim in order to photograph the urine of the victim E (nur, female) in the side’s partitions in order to view the urine. However, the Defendant got off the cell phone lurgs of the instant mobile phone lurgs to the victim, but escaped as it is by the victim.

As a result, the Defendant tried to photograph the body of the victim who could cause sexual humiliation or shame by using carmera or other similar devices against his will, but did not commit such an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 15 and 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. 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 grounds of the facts constituting a crime in which personal information is registered under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, the Act on Special Cases Concerning the Punishment of Sexual Crimes.