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(영문) 청주지방법원 2018.10.11 2018고단1288

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 12, 2018, at around 18:39, the Defendant: (a) 2nd floor of C located in B of the petition-gu, Cheongju-si, Cheongju-si, and (b) laid down a seat after the victim D (V, 28 years of age) who is carrying wests, and taken a seat of the victim by using smartphone camera owned by the Defendant.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Reporting on the arrest of a case;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of committing the crime, result of the crime, risk of recidivism, etc. of the defendant exempted from the employment restriction order shall not be subject to employment restriction in light of special circumstances;

[Determination]

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

1. The Criminal Procedure Act of the Provisional Payment Order.