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(영문) 청주지방법원 2020.11.04 2020고단953

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 18, 2020, at around 16:15, the Defendant, within the office of the C&W branch office located in the Chungcheongnam-gun B of Chungcheongnam-do, taken advantage of the gaps in which the victim D (n, 28 years of age), who is a workplace partner, was in a window and out of the window in a window, and taken a photograph of the victim’s the victim’s theme part behind the Defendant’s Samsung Ggal jutha S8 mobile phone shooting.

Accordingly, the defendant taken the body of another person, which may cause sexual humiliation or shame of his mobile phone, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of each seizure protocol, each digital evidence analysis report, and each investigation report (related to the verification of details of suspect's illegal photographing motion pictures CDs);

1. Article 14 (1) of the relevant Act on Criminal Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the punishment is selected;

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

1. Article 48 (1) 2 and (3) of the Lost Criminal Act;

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

1. To comprehensively consider the Defendant’s age, occupation, risk of recidivism, motive, method of committing the instant crime, seriousness of the offense, disclosure order or notification order, anticipated side effects of the Defendant’s disadvantage and anticipated side effects to be achieved due to such order, prevention of sexual crimes subject to registration, effectiveness of protection of the victim, etc., in light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Disclosure of Personal Information, the Punishment, etc. of Sexual Crimes subject to Restriction on Employment, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act