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(영문) 춘천지방법원 2013.09.10 2013고단669 (1)

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On May 30, 2013, at around 21:20, the Defendant taken the victim’s bridge using his mobile phone in front of the “E convenience store” where the victim D (n,e.g., 17 years of age) working in Chuncheon City C.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Complaint;

1. Application of the statutes governing photographs of victims;

1. Article 13 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes and Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) applicable to the crime;

1. Where this judgment becomes final and conclusive with respect to a defendant to file for the registration of personal information and to submit such information under Articles 70 and 69(2) of the Criminal Act, the defendant becomes a person subject to registration of personal information pursuant to Articles 5(1) and 42(1) and 2(1)3 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and is obligated to submit personal information to the chief of the competent police station within 30 days from the date a judgment becomes final and conclusive pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and expected side effects of the Defendant’s injury, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order of personal information shall not be issued against the Defendant pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the disclosure order of personal information shall not be issued against the Defendant.

It is so decided as per Disposition for the above reasons.