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(영문) 광주지방법원 2020.06.03 2020고정118

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

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

Reasons

Punishment of the crime

On September 12, 2019, the Defendant taken two photographs of the victim’s cell phone camera photographs with the victim’s cell phone camera, without the consent of the victim, and taken two copies of the victim’s body against the victim’s will, by using the camera, of the victim’s sexual humiliation or shame, around September 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

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

1. Article 14 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020) concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction becomes final and conclusive on the facts constituting a crime on which the personal information is registered as stated in Article 48(1)1 of the Criminal 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 is obligated to submit personal information to the competent agency pursuant to Article

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of committing the instant crime, seriousness of the consequence and crime, disclosure order, notification order and employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage and the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 47(1) and Article 49(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and the Addenda to the Act on